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 AACS.

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 AACS.

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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 AACS.

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 AACS.

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 AACS.

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 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 AACS.

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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 AACS.

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 AACS.

R 408.22323 Entry not a waiver.

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 AACS.

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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 AACS.

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

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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 AACS.

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 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

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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 AACS.

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.

(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 AACS.

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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 AACS.

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,

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

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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 AACS.

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 AACS.

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.

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(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 AACS.

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.

History: 1979 AC; 2025 AACS.

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

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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 AACS.

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 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 AACS.

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

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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 AACS.

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 AACS.

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 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 AACS.

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.

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(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 AACS.

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 AACS.

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.

(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.

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(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 AACS.

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

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 AACS.

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

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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 AACS.

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 AACS.

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