DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY  
DIRECTOR'S OFFICE  
MIOSHA SAFETY AND HEALTH STANDARD  
Filed with the secretary of state on September 9, 2021  
These rules take effect immediately upon filing with the secretary of state unless adopted under  
section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL  
24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after  
filing with the secretary of state.  
(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)  
R 408.22102a, R 408.22103, R 408.22104, R 408.22107, R 408.22133, R 408.22151, and R  
408.22156 of the Michigan Administrative Code are amended, as follows:  
PART 11. RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND  
ILLNESSES  
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.  
July 8, 2021  
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(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.  
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.  
(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  
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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 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.  
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.  
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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.  
(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.  
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.  
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(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.  
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.  
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.  
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