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, and 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 13. INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND

PROPOSED PENALTIES

R 408.22301 Purpose.

Rule 2301. The purpose of this part is to prescribe rules and set forth general

policies for enforcement of the inspection and investigation, citation, and proposed

penalty provisions of the act. In situations where this part sets forth general enforcement

policies, rather than substantive or procedural rules, the policies may be modified in

specific circumstances where the department director or the department director’s

designee determines that an alternative course of action would better serve the objectives

of the act.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22303 Scope.

Rule 2303. (1) The act requires that every employer covered under the act furnish to

each employee employment and a place of employment that is free from recognized

hazards that are causing, or are likely to cause, death or serious physical harm to the

employee. The act also requires that employers comply with occupational safety and

health standards promulgated under the act and that employees comply with standards,

rules, regulations, and orders issued under the act that are applicable to their own actions

and conduct.

(2) The act authorizes the department of labor and economic opportunity to conduct

inspections and investigations, conduct tests and gather samples of materials and

substances as are necessary to aid in the evaluation of the place of employment, issue

citations and proposed penalties for alleged violations, and question employers and

employees in connection with research and other related activities.

(3) The act contains provisions for adjudication of violations, periods prescribed for

the abatement of violations, and proposed penalties if appealed by an employer or by an

employee or authorized representative of employees.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

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R 408.22305 Definitions; A to C.

Rule 2305. (1) "Act" means the Michigan occupational safety and health act, 1974

PA 154, MCL 408.1001 to 408.1094.

(2) "Authorized employee representative" or "representative of employee" means a

person designated by a labor organization certified by the national labor relations board

or employment relations commission as created in section 3 of 1939 PA 176, MCL 423.3,

as the bargaining representative for the affected employees. In the absence of

certification, it shall be a person designated by the organization having a collective

bargaining relationship with the employer and designated as having a collective

bargaining relationship with the employer by the affected employees. If a labor

organization is not certified or if no organization has a collective bargaining relationship

with the employer, "authorized employee representative" or "representative of employee"

means a person designated by the affected employees to represent them for the purpose of

proceedings under the act.

(3) "Board" means the board of health and safety compliance and appeals created in

section 46 of the act, MCL 408.1046.

(4) "Citation" means a written communication issued by the department to an

employer pursuant to section 33 of the act, MCL 408.1033.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22307 Definitions; D, E.

Rule 2307. (1) "Department" means the department of labor and economic

opportunity.

(2) "Director" means the director of the department.

(3) "Employee" means a person permitted to work by an employer.

(4) "Employer" means an individual or organization, including the state or a political

subdivision, which employs 1 or more persons.

(5) "Establishment" means a single physical location where business is conducted or

where services or operations are performed. For example, a factory, mill, store, hotel,

restaurant, movie theater, farm, ranch, bank, sales office, warehouse, central

administrative office, a single school within a school district, a city garage within the

department of public works, a branch office of the department of state, or a police station

within the police department of a city are each treated as separate establishments. Where

distinctly separate activities are performed at a single physical location, such as contract

construction activities operated from the same physical location as a lumberyard, each

activity is treated as a separate establishment.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22309 Definitions; I to W.

Rule 2309. (1) "Imminent danger" means a condition or practice in a place of

employment such that a danger exists that could reasonably be expected to cause death or

serious physical harm, either immediately or before the imminence of the danger can be

eliminated through the enforcement procedures otherwise provided.

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(2) "Inspection" means the examination or survey of a place of employment to detect

the presence of an existing or potential occupational safety or health hazard or to

determine compliance with the act, rules, or standards promulgated or orders issued,

under the act.

(3) "Investigation" means the detailed evaluation or study of working conditions,

including equipment, processes, substances, air contaminants, or physical agents, with

respect to the actual or potential occurrence of occupational accidents, illnesses, or

diseases.

(4) "Trade secret" means a confidential process, formula, pattern, device, or

compilation of information that is used in the employer's business and that gives the

employer an opportunity to obtain an advantage over competitors who do not know or

use it.

(5) "Working day" means any day other than a Saturday, Sunday, or state legal

holiday. (In computing 15 working days, the day of receipt of a notice must not be

included, and the last day of the 15 working days must be included.)

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22311 Posting of notice; availability of the act, rules, and applicable

standards.

Rule 2311. (1) Each employer shall post a notice to be furnished by the department,

informing employees of the protections and obligations provided for in the act, and

informing them that, for assistance and information, including copies of the act and of

specific safety and health standards, employees may contact the department. The notice

must be posted by the employer in each establishment in a conspicuous place where

notices to employees are customarily posted. Each employer shall take steps to ensure

that the notice is readable and is not altered or defaced.

(2) A separate notice must be posted in each establishment. Where employers are

engaged in activities that are physically dispersed (such as agriculture, construction,

transportation, communications, and electric, gas, and sanitary services, the notice

required by this rule must be posted at the location where employees report each day.

Where employees do not usually work at, or report to, a single establishment, such as

traveling salesmen, technicians, and engineer) the notice must be posted at the location

where the employees operate to carry out their activities. In all cases, the notice must be

posted pursuant to subrule (1) of this rule.

(3) Copies of the act, all procedural rules promulgated under the act, and all

applicable standards must be available from the department. If an employer has obtained

copies of these materials, the employer must make them available on request to an

employee or the employer’s authorized representative for review in the establishment

where the employee is employed at the earliest time mutually convenient to the employee

or the employee’s authorized representative and the employer.

(4) An employer failing to comply with the provisions of this rule is subject to

citation and penalty pursuant to section 35 of the act, MCL 408.1035.

(5) Reproductions or facsimiles of the state poster constitute compliance with the

posting requirements of this rule where the reproductions or facsimiles are at least 8-1/2

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by 14 inches and the printing size is at least 10-point. The caption or heading on the

poster must be in large type, not less than 36-point.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22321 Authority for inspection or investigation.

Rule 2321. (1) The department representatives, upon presenting appropriate

credentials, may enter, without delay and at reasonable times, any factory, plant,

establishment, construction site, or other area, workplace, or environment where work is

performed by an employee of an employer to inspect and investigate, during regular

working hours and at other reasonable times, within reasonable limits, and in a

reasonable manner, place of employment, and all pertinent conditions, structures,

machines, apparatus, devices, equipment, and materials; to question privately an

employer, owner, operator, agent, or employee; and to review records required by the act

and rules promulgated under the act, and other records that are directly related to the

purpose of the inspection or investigation.

(2) Before inspecting areas containing information that is classified by an agency of

the federal government in the interest of national security, departmental representatives

shall obtain the appropriate security clearance.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22322 Objection to inspection or investigation.

Rule 2322. (1) On a refusal to allow a department representative, in the exercise of

the department representative’s official duties, to enter, without delay and at reasonable

times, a place of employment or a place within a place of employment to inspect,

investigate, review records, or question an employer, owner, operator, agent, or employee

pursuant to R 408.22321, or to allow a representative of employees to accompany the

department representative during the physical inspection or investigation of a workplace

pursuant to R 408.22326, the department representative shall terminate the inspection or

investigation or confine the inspection or investigation to other areas, conditions,

structures, machines, apparatus, devices, equipment, materials, records, or interviews

concerning which no objection is raised.

(2) The department representative shall endeavor to ascertain the reason for the

refusal, and the department representative shall immediately report the refusal, and the

reason for the refusal, to the department director or authorized representative. The

department director or authorized representative shall take appropriate action and, if

necessary, apply to the proper judicial officer for a warrant commanding the sheriff or a

peace officer to aid the department in the conduct of an inspection or investigation as

provided in section 29 of the act, MCL 408.1029.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22323 Entry not a waiver.

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Rule 2323. Permission to enter, inspect, investigate, review records, or question a

person shall not imply or be conditioned on a waiver of any cause of action, citation, or

penalty under the act. Department representatives are not authorized to grant a waiver.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22324 Advance notice of inspection or investigation.

Rule 2324. (1) Advance notice of inspections or investigations shall not be given

except in the following situations:

(a) In cases of apparent imminent danger, to enable the employer to abate the

danger as quickly as possible.

(b) In circumstances where the inspection or investigation can most effectively be

conducted after regular business hours, or where special preparations are necessary for an

inspection or investigation.

(c) Where necessary to assure the presence of representatives of the employer and

employees or the appropriate personnel needed to aid in the inspection or investigation.

(d) In other circumstances where the department director or the department

director’s designee determines that the giving of advance notice would enhance the

probability of an effective and thorough inspection or investigation.

(2) In the situations described in subrule (1) of this rule, advance notice of

inspections or investigations may be given only if authorized by the department director

or the department director’s designee.

(3) When advance notice is given, it is the employer's responsibility to promptly

notify the authorized representative of employees of the inspection or investigation, if the

identity of such representative is known to the employer. On the request of the employer,

the department representative shall inform the authorized representative of employees of

the inspection or investigation, provided that the employer furnishes the department

representative with the identity of the representative and with other information as is

necessary to enable the department representative to promptly inform the representative

of the inspection or investigation. An employer that fails to comply with the employer’s

obligation under this rule to promptly inform the authorized representative of employees

of the inspection or investigation, or to furnish such information as is necessary to enable

the department representative to promptly inform the representative of the inspection or

investigation, is subject to citation and penalty under section 35(3) of the act, MCL

408.1035.

(4) Advance notice in any of the situations described in subrule (1) of this rule shall

not be given more than 24 hours before the inspection or investigation is scheduled to be

conducted, except in apparent imminent danger situations and in other unusual

circumstances.

(5) A person who gives advance notice of an inspection or investigation to be

conducted under the act, without authority from the department director or the

department director’s designees, shall, on conviction, be punished by a fine of not more

than $1,000.00 or by imprisonment for not more than 6 months, or by both, as provided

in section 35(8) of the act, MCL 408.1035.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

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R 408.22325 Conduct of inspections or investigations.

Rule 2325. (1) Subject to the provisions of R 408.22321, the department director or

the department director’s designee may direct the times and places of employment where

inspections and investigations take place. At the beginning of an inspection or

investigation, the department representatives shall present their credentials to the owner,

operator, or an agent in charge at the establishment, explain the nature and purpose of the

inspection or investigation, and indicate generally the scope of the inspection or

investigation and the records specified in R 408.22321 that the department

representatives wish to review. However, the designation of records must not preclude

access to additional records specified in R 408.22321.

(2) Department representatives may take air, environmental, and material samples;

take or obtain photographs related to the purpose of the inspection or investigation;

employ other reasonable investigative techniques; and question privately any employer,

owner, operator, agent, or employee of an establishment subject to (R 408.22331 on trade

secrets).

(3) In taking photographs and samples, the department representatives shall take

reasonable precautions to ensure that such actions with flash, spark-producing, or other

equipment are not hazardous. Department representatives shall comply with all employer

safety and health rules and practices at the establishment being inspected, and the

department representatives shall wear and use appropriate protective clothing and

equipment.

(4) The conduct of inspections or investigations must preclude unreasonable

disruption of the operations of the employer's establishment.

(5) Following the completion of an inspection or investigation by the department

representative, an opportunity for a conference shall be afforded the employer or the

employer’s representative and the employee or employee representative to informally

advise them of any apparent safety or health violations disclosed by the inspection or

investigation. During the conference, the employer or employee is afforded an

opportunity to bring to the attention of the department representative information

regarding conditions in the workplace pertinent to the apparent safety or health

violations.

(6) Inspections or investigations must be conducted pursuant to the requirements of

this part.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22326 Representatives of employers and employees.

Rule 2326. (1) Department representatives are in charge of conducting inspections

or investigations and may question persons affected by the inspection or investigation. A

representative of the employer and a representative authorized by employees shall be

given an opportunity to accompany the department representative during the physical

inspection or investigation of a workplace for the purpose of aiding the inspection or

investigation. A department representative may allow additional employer representatives

and additional representatives authorized by employees to accompany the department

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representative when it is determined that the additional representatives may further aid

the inspection or investigation. A different employer and employee representative may

accompany the department representative during each different phase of an inspection or

investigation if this does not interfere with the conduct of the inspection or investigation.

(2) Department representatives may resolve all disputes as to who is the

representative authorized by the employer and employees for the purpose of this rule. If

there is no authorized representative of employees, or if the department representative is

unable to determine with reasonable certainty who is the representative, the department

representative shall consult with a reasonable number of employees concerning matters

of safety and health in the workplace.

(3) The representative or representatives authorized by employees may be an

employee of the employer or a third party. When the representative or representatives

authorized by employees is not an employee of the employer, they may accompany the

department representative during the inspection if, in the judgment of the department

representative, good cause has been shown why accompaniment by a third party is

reasonably necessary to the conduct of an effective and thorough physical inspection of

the workplace, including, but not limited to, because of their relevant knowledge, skills,

or experience with hazards or conditions in the workplace or similar workplaces or

language or communication skills.

(4) Department representatives may deny the right of accompaniment under this rule

to a person whose conduct interferes with a fair and orderly inspection or investigation.

The right of accompaniment in areas containing trade secrets is subject to the provisions

of R 408.22331(4). With regard to information classified by an agency of the federal

government in the interest of national security, only persons authorized to have access to

the information may accompany a department representative in areas containing such

information.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22331 Trade secrets.

Rule 2331. (1) Information reported to, or otherwise obtained by, a department

representative in connection with an inspection, investigation, or proceeding under the

act, which contains or which might reveal a trade secret, shall be considered confidential.

Such information may be disclosed only to other department representatives concerned

with carrying out the act or when relevant in any proceeding under the act. In a

proceeding under the act, the department shall issue orders as may be appropriate to

protect the confidentiality of trade secrets.

(2) Information that contains, or that might reveal, a trade secret is not subject to

public inspection and copying.

(3) At the commencement of an inspection or investigation, the employer may

identify areas in the establishment that contain, or that might reveal, a trade secret. If the

department representative has no clear reason to question the identification, information

obtained in such areas, including all negatives and prints of photographs, and

environmental samples, must be labeled "confidential-trade secret" and must not be

disclosed except in accordance with the provisions of section 63 of the act, MCL

408.1063.

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(4) On the request of an employer, an authorized representative of employees

accompanying the department representative in an area containing trade secrets must be

an employee in that area or an employee authorized by the employer to enter that area.

Where there is no such representative, the department representative shall consult with a

reasonable number of employees who work in that area concerning matters of safety and

health.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22333 Consultation with employees.

Rule 2333. Department representatives may consult with employees concerning

matters of occupational safety and health to the extent the representatives determine

necessary for the conduct of an effective and thorough inspection or investigation. During

the course of an inspection or investigation, an employee is afforded an opportunity to

bring any violation of the act that the employee has reason to believe exists in the

workplace to the attention of the department representative.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22338 Complaints by employees.

Rule 2338. (1) An employee or representative of employees, who believes that a

violation of the act that threatens physical harm exists in a workplace where the employee

is employed, may request an inspection or investigation of the workplace by giving notice

of the alleged violation to the department. The notice must be reduced to writing, set

forth with reasonable particularity the grounds for the notice, and be signed by the

employee or representative of employees. A copy must be provided to the employer or

the employer’s agent by the department or department representative no later than at the

time of inspection or investigation, except that, upon the request of the person giving the

notice, the person’s name and the names of individual employees referred to in the notice

shall not appear in the copy or on a record published, released, or made available by the

department.

(2) If, on receipt of a notice described in subrule (1) of this rule, the department

determines that the complaint meets the requirements set forth in subrule (1) of this rule,

and that there are reasonable grounds to believe that the alleged violation exists, the

department shall cause an inspection or investigation to be made as soon as practicable to

determine if the alleged violation exists. Inspections or investigations under this rule need

not be limited to matters referred to in the complaint.

(3) If the department determines that an inspection or investigation is not warranted

because the written complaint does not meet the provisions of subrule (1) of this rule, the

department shall notify the complaining party, in writing, of the determination. The

determination shall be without prejudice to the filing of a new complaint meeting the

requirements of subrule (1) of this rule.

(4) Before or during an inspection or investigation of a workplace, an employee or

representative of employees employed in the workplace may notify the department

representative, in writing, of a violation of the act, or of a rule promulgated under the act,

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which the employee or representative of employees has reason to believe exists in the

workplace. A notice shall comply with the requirements of subrule (1) of this rule.

(5) When an employee or a representative of employees believes that a condition

exists which may present an imminent danger to an employee, the employee or

representative of employees may notify the department in the most expedient manner

without regard to a written notice. Upon notification of an alleged imminent danger, the

department shall cause an immediate inspection to be made or take other action that it

finds necessary to abate the danger as provided by R 408.22342.

(6) If a citation is issued for a violation alleged in a request for inspection under

subrule (1) of this rule or a notification of violation under subrule (4) of this rule, a copy

of the citation issued must be sent to the employee or representative of employees who

made such request or notification.

(7) A person shall not discharge, or in any manner discriminate against, an employee

because the employee filed a complaint or instituted, or caused to be instituted, a

proceeding under, or regulated by, the act; or because the employee testified, or is about

to testify, in any such proceeding; or because of the exercise by such employee, on behalf

of himself or others, of any right afforded by the act.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22339 Informal review of complaints by employees.

Rule 2339. (1) The department shall notify a complaining party, in writing, when

any of the following determinations are made regarding a complaint under R 408.22338:

(a) There are no reasonable grounds to believe that an inspection or investigation

should be conducted.

(b) Based on an inspection or investigation conducted pursuant to the complaint

there are no reasonable grounds to believe that the alleged violation exists.

(2) The department shall notify the employer, in writing, of a determination made

pursuant to subrule (1)(b) of this rule.

(3) The complaining party may obtain informal review of a determination made

pursuant to subrule (1) by submitting a written statement of position to the department.

The department may hold an informal conference in which the complaining party may

orally present the complaining party’s views. The employer may attend the informal

conference at the discretion of the department.

(4) After considering all written and oral views presented, the department shall do

either of the following:

(a) Affirm, modify, or reverse the determination made in subrule (1)(a) of this rule.

(b) Order a reinspection or reinvestigation, issue a citation if it is believed that the

inspection or investigation disclosed a violation, or affirm the determination made in

subrule (1)(b) of this rule.

(5) The department shall furnish the complaining party with a written notification of

the final disposition of the complaint and the reasoning for the final disposition. The final

disposition of the complaint by the department is not subject to further departmental

review.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

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R 408.22342 Imminent danger; cease operation order.

Rule 2342. (1) When a department representative concludes, on the basis of an

inspection or investigation, that conditions or practices exist in a place of employment

that could reasonably be expected to cause death or serious physical harm immediately or

before the imminence of the danger can be eliminated through the enforcement

procedures otherwise provided by the act, the department representative shall inform the

employer and affected employee of the danger and afford the employer the opportunity to

voluntarily eliminate the danger.

(2) If the employer does not immediately take steps to eliminate the imminent

danger, the department representative shall recommend to the department director that a

cease operation order be issued pursuant to section 31(1) of the act, MCL 408.1031, to

require that steps be taken as may be necessary to avoid, correct, or remove the imminent

danger. Appropriate citations and notices of proposed penalties may be issued with

respect to violations associated with an imminent danger, even if, after being informed of

such danger by the department representative, the employer immediately eliminates the

imminence of the danger and initiates steps to abate such danger.

(3) Upon the failure of the employer to promptly comply with a cease operation

order issued pursuant to subrule (2) of this rule, the department shall petition the circuit

court having jurisdiction to restrain a condition or practice in a place of employment that

the department determines causes the imminent danger to exist.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22344 Citations.

Rule 2344.

(1) The inspection or investigation report of the department

representative must be reviewed by a department designee. If, on the basis of the report,

the department designee believes that the employer violated a requirement of section 11

of the act, MCL 408.1011, a requirement of a standard or rule promulgated under the act,

or a requirement of an order issued pursuant to the act, the department designee shall

issue to the employer a citation by registered mail. An appropriate citation must be issued

even if, after being informed of an alleged violation by the department representative, the

employer immediately abates, or initiates steps to abate, the alleged violation. A citation

must be issued with reasonable promptness after termination of the inspection or

investigation. A citation must not be issued under this rule after the expiration of 90 days

after the completion of the physical inspection or investigation of the establishment.

(2) A citation shall be in writing and describe with particularity the nature of the

alleged violation, including a reference to the provision of the act, standards, rule,

regulation, or order alleged to have been violated. A citation shall also state a reasonable

time for the abatement of the alleged violation.

(3) A citation shall contain, on its face, a statement that it is an allegation of a

violation. The issuance of a citation does not constitute a finding that a violation of the

act has occurred unless there is a failure to appeal, either initially to the department or

subsequently to the board as provided in R 408.22351 and R 408.22354, or, if appealed to

the board, unless the citation is affirmed by the board.

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History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22346 Proposed penalties.

Rule 2346. (1) After, or concurrent with, the issuance of a citation, and within a

reasonable time after the termination of the inspection or investigation, the department

shall notify the employer by registered mail of the proposed penalty as provided by

section 35 of the act, MCL 408.1035, or that no penalty is being proposed. The notice of

the proposed penalty must include statements informing the employer that the proposed

penalty must become a final order of the board and is not subject to review by a court or

agency unless, within 15 working days after the date of receipt of the notice, the

employer notifies the department in writing that the employer intends to appeal the

citation or the notification of proposed penalty as described in (R 408.22351). Payment of

the penalty must be made to the department, payable to the "State of Michigan," within

15 working days after the date the penalty became a final order of the board.

(2) The department shall determine the amount of a proposed penalty, giving due

consideration to the appropriateness of the penalty with respect to the size of the

business, the seriousness of the violation, and the history of previous citations, pursuant

to section 36 of the act, MCL 408.1036.

(3) Appropriate penalties may be proposed with respect to an alleged violation, even

if, after being informed of the alleged violation by the department representative, the

employer immediately abates, or initiates steps to abate, the alleged violation. Penalties

must not be proposed for violations that have no direct or immediate relationship to

safety or health.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22348 Posting of citations.

Rule 2348. (1) Upon receipt of a citation issued under the act, the employer shall

immediately post the citation, or a copy of the citation, unedited, at or near the place of

each alleged violation referred to in the citation, with the following exceptions:

(a) Where, because of the nature of the employer's operations, it is not practicable to

post the citation at or near the place of alleged violation, the citation must be posted,

unedited, in a prominent place where it is readily observable by all affected employees.

For example, where employees are engaged in activities that are physically dispersed, the

citation may be posted at the location to which employees report each day.

(b) Where employees do not primarily work at, or report to, a single location, the

citation may be posted at the location from which the employees operate to carry out their

activities.

(2) The employer shall take steps to ensure that the citation is readable and not

altered or defaced. The citation may be reproduced for posting purposes if more than 1

location is cited on a single citation.

(3) A citation, or a copy of the citation, shall remain posted until the violation is

abated, or for 3 working days, whichever is later. The filing by the employer of an appeal,

either initially with the department or subsequently with the board as provided in R

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408.22351 and R 408.22354, shall not affect the employer's posting responsibility under

this rule, unless the citation is vacated.

(4) An employer failing to comply with subrules (1) and (2) of this rule is subject to

citation and penalty pursuant to sections 33 and 35 of the act, MCL 408.1033 and

408.1035.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22349 Notification of compliance with citations.

Rule 2349. (1) An employer to whom a citation is issued shall notify the department,

in writing, immediately upon compliance with each item of the citation. Upon

compliance with an item of the citation, notification to the department must not exceed 3

working days after the final abatement date on the citation of the item.

(2) Notification, as required in subrule (1) of this rule, may be accomplished by

either of the following:

(a) Submitting to the department, signed and dated, the "notification of abatement"

copy of the citation, or a copy of the “notification of abatement” portion of the citation.

(b) Submitting a document, in writing, to the department certifying compliance.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22351 Employer appeal petitions of citations.

Rule 2351. (1) An employer to whom a citation or notice of proposed penalty is

issued may, under section 41 of the act, MCL 408.1041, petition the department in

writing for a modification or dismissal of the citation and any proposed penalty, or for a

grant of additional time for compliance.

(2) The petition must be postmarked within 15 working days after receipt by the

employer of a citation or proposed penalty. The petition must specify which item on the

citation is being petitioned, and whether it is directed to the violation, proposed penalty,

or abatement date.

(3) An employer shall post a copy of the petition near the location of the violation

where the subject citation is posted or give a copy of the petition to the affected

employees or their employee representative.

(4) An employer shall include in the petition to the department a certification that a

copy of the petition was posted or given to the affected employees or their employee

representative pursuant to subrule (2) of this rule. The certification must include the date

and method of transmittal of the petition.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22352 Employee appeal petitions of citations.

Rule 2352. Within 15 working days after the employer receives a citation, an

employee or employee representative may petition the department, in writing, alleging

that the period of time fixed in an item of the citation for abatement of the item is

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unreasonable. The petition must specify which item on the citation is being petitioned.

The department, upon receipt of the petition, shall promptly submit a copy of the petition

to the employer, deleting the name of the employee or employee representative if so

requested.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22353 Department decision on an appeal petition.

Rule 2353. (1) Upon receipt of a petition, the department may do any of the

following:

(a) Modify or dismiss the citation or proposed penalty.

(b) Modify the time-period fixed for compliance.

(c) Affirm the citation, including the abatement date and proposed penalty.

(2) The department shall notify the employer by registered mail of the decision

regarding a petition within 15 working days after receipt of the petition by the

department. The employer shall promptly post the department's decision, together with

the appropriate citation, at the location of the posting of the subject citation. The decision

shall remain posted until the violation is abated or for 3 working days, whichever is later.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22354 Employer and employee notices of appeal to the board.

Rule 2354. (1) Within 15 working days after receipt by the employer of the

department's decision regarding an appeal petition of a citation:

(a) The employer may appeal the decision to the board.

(b) The employee or employee representative may appeal the decision, with respect

to the date fixed for abatement, to the board.

(2) The notice of appeal of the department's decision must be submitted to the

department. The department shall immediately transmit the notice of appeal to the board

in accordance with the procedure prescribed by the board.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22355 Petition for modification of abatement period.

Rule 2355. (1) An employer may file a petition for modification of an abatement

date when the employer has made a good faith effort to comply with the abatement

requirements of a citation that has become a final order of the board, but the abatement

has not been completed because of factors beyond the employer's reasonable control.

(2) A petition for modification of an abatement date must be in writing and include

the following information:

(a) Steps taken by the employer, and the dates of those steps, in an effort to comply

during the prescribed abatement period.

(b) The specific additional abatement time needed in order to comply.

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(c) The reasons the additional time is necessary, including the unavailability of

professional or technical personnel or of materials and equipment, or because necessary

construction or alteration of facilities cannot be completed by the original abatement date.

(d) Available interim steps being taken to safeguard the employees against the cited

hazard during the abatement period.

(e) A certification that the petition for modification of an abatement date has been

filed and posted in accordance with subrule (4) of this rule.

(3) A petition for modification of an abatement date must be filed with the board no

later than the close of the next working day following the date on which abatement was

originally required. A petition filed later must be accompanied by the employer's

statement of exceptional circumstances explaining the delay.

(4) On the same day that the petition is filed with the board, a copy of the petition

must be filed with the department that issued the citation and a copy must be posted by

the employer in a conspicuous place at or near the place where the citation was required

to be posted and remain posted for a period of 10 working days.

(5) The department, affected employees, or their representatives may file a written

objection to the petition with the board setting forth the reasons for opposing the petition.

An objecting party shall also file a copy of the written objection with the other parties.

Failure to file an objection within 10 working days after the date the petition was filed

constitutes a waiver of any further right to object to the petition.

(6) The board may approve without a hearing a petition for modification of an

abatement date to which an objection has not been filed.

(7) Where a petition is objected to by the department or affected employees, the

petition must be processed as follows:

(a) The board shall process the petition in the same manner as any other contested

case, except that a hearing on the petition must be handled in an expeditious fashion.

(b) An employer petitioning for a modification of an abatement date shall have the

burden of proving by a preponderance of the evidence that the employer has made a good

faith effort to comply with the abatement requirements of the citation and that abatement

has not been completed because of factors beyond the employer’s control.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22356 Citation for failure to correct a previously cited violation.

Rule 2356. (1) If an inspection or investigation discloses that an employer failed to

correct an alleged violation, for which a citation was issued, within the period permitted

for its correction, the department may notify the employer, by registered mail, of the

failure and of any additional penalty proposed under section 35(2) of the act, MCL

408.1035, by reason of the failure.

(2) The period for the correction of a violation for which a citation was issued does

not begin to run until the date of the final order of the board if a review proceeding before

the board is initiated by the employer in good faith and not solely for delay or avoidance

of a penalty. The period of correction must not be delayed by a review proceeding

initiated by the employer only with respect to the proposed penalty.

(3) An employer receiving a citation for failure to correct a violation and a proposed

additional penalty may notify the department, in writing, that the employer intends to

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petition for a dismissal of the citation or the proposed additional penalty, or both,

pursuant to R 408.22351. An appeal petition regarding a citation for failure to correct a

violation must be limited to the subject matter of the failure to correct citation.

(4) Within 15 working days after receipt of the department decision relative to an

appeal petition of a citation for failure to correct a violation or a proposed additional

penalty, or both, an employer may appeal the decision to the board pursuant to R

408.22354.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22358 Cease operation order for failure to correct a previously cited

violation.

Rule 2358. (1) If an inspection or investigation discloses that an employer failed to

correct a violation within the period permitted for its correction by a citation that became

a final order of the board, the department may issue a cease operation order directing the

employer to cease operating or render inoperable, pursuant to the order, as much of the

operation as is necessary to eliminate the hazard that is the subject of the cease operation

order.

(2) If an employer fails to obey a cease operation order issued pursuant to subrule

(1) of this rule, the department shall refer the matter to the prosecuting attorney of the

county in which the violation exists, who shall promptly institute proceedings in the

circuit court to enforce the department's order.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

R 408.22361 Informal conference.

Rule 2361. At the request of an affected employer, employee, or employee

representative, the department may hold an informal conference for the purpose of

discussing issues raised by an inspection or investigation, citation, notice of proposed

penalty, or appeal petition. If the conference is requested by the employer, an affected

employee or employee representative shall be afforded an opportunity to participate, at

the discretion of the department. If the conference is requested by an employee or

employee representative, the employer shall be afforded an opportunity to participate, at

the discretion of the department. A party may be represented by counsel at the

conference. No conference or request for conference operates as a stay of the 15 working

day period for filing an appeal petition to the department or notice of appeal to the board

as prescribed in R 408.22351, R 408.22352, and R 408.22354.

History: 1979 AC; 2025 MR 4, Eff. Mar. 4, 2025.

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