DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD

Filed with the Secretary of State on October 23, 2023

These rules become effective immediately after 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 director of the department of labor and economic

opportunity by sections 14r, 16, and 21 of the Michigan occupational safety and health act,

1974 PA 154, MCL 408.1014r, 408.1016, and 408.1021, 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 408.17301, R 408.17305, R 408.17307, R 408.17309, R 408.17310, R 408.17312, R

408.17314, and R 408.17320 of the Michigan Administrative Code are amended, R

408.17313 is added, and R 408.17302, R 408.17303, R 408.17315, R 408.17316, R

408.17317, and R 408.17318 are rescinded, as follows:

PART 73. FIRE BRIGADES

R 408.17301 Scope, adoption, and referenced standards.

Rule 7301. (1) This standard is applicable to fire brigades, industrial fire departments, and

private or contractual-type fire departments when established by an employer, and provides

for the organization, training, and personal protective equipment to be used. This standard

does not apply to airport crash rescue operations or forest firefighting operations.

(2) The following National Fire Protection Association (NFPA) standards are adopted by

reference in these rules and are available from the National Fire Protection Association, 1

Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts, 02169-7471, or via the internet

at the following website: www.nfpa.org , at a cost as of the time of adoption of these

amendments, as stated in these rules:

(a) NFPA 1971: “Standard on Protective Ensembles for Structural Fire Fighting and

Proximity Fire Fighting,” 1997 edition. Cost: $79.50.

(b) NFPA 1971: “Standard on Protective Ensembles for Structural Fire Fighting and

Proximity Fire Fighting,” 2013 edition. Cost: $74.00.

(SCBA) for Emergency Services,” 2007 edition. Cost: $63.50.

(d) NFPA 1982: “Standard on Personal Alert Safety Systems (PASS),” 2007 edition.

Cost: $68.50.

February 8, 2023

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

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

530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

(4) Copies of the standards adopted in these rules may be obtained from the publisher or

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

MIOSHA Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing,

Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and

handling.

R 408.17302 Rescinded.

R 408.17303 Rescinded.

R 408.17305 Definitions; E to I.

Rule 7305. (1) “Education” means the process of imparting knowledge or skill through

systemic instruction. Education does not require formal classroom instruction.

(2) “Fire brigade” means a private or industrial fire department consisting of an organized

group of employees who are knowledgeable, trained, and skilled in at least basic

firefighting operations.

(3) “Foam containing PFAS” means firefighting foam containing intentionally added

perfluoroalkyl or polyfluoroalkyl substance.

(4) “Incipient stage fire” means a fire which is in the initial or beginning stage and which

can be controlled or extinguished by portable fire extinguishers, class II standpipe, or small

hose systems without the need for protective ensemble or breathing apparatus.

(5) “Interior structural firefighting” means the physical activity for fire suppression or

rescue, or both, inside of buildings or structures involved in a fire situation beyond the

incipient stage.

R 408.17307 Definitions; P.

Rule 7307 (1) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

(2) “Protective ensemble” means multiple elements of clothing and equipment designed

to provide a degree of protection for employees from adverse exposures to the inherent

risks of structural firefighting.

R 408.17309 Definitions; S to T.

Rule 7309. (1) “Small hose system” means a system of hose ranging in diameter from

5/8 ” (1.6 cm) up to 1 ½” (3.8 cm) which is for the use of employees and which provides a

means for the control and extinguishment of incipient stage fires.

(2) “Structural firefighting” means activities of rescue, fire suppression, or property

conservation inside or outside buildings, structures, equipment, vehicles, vessels, or like

properties that are involved in a fire beyond the incipient stage.

(3) “Training” means the process of making proficient through instruction and hands-on

practice in the operation of equipment that is expected to be used and in the performance

of assigned duties.

R 408.17310 Employer responsibilities.

Rule 7310. (1) The employer having a fire brigade shall prepare and maintain a statement

or written policy that establishes the existence of a fire brigade; and the basic organizational

structure; the type, amount, and frequency of training to be provided to fire brigade

members; the expected number of members in the fire brigade; and the functions that the

fire brigade is to perform at the workplace. The statement or written policy shall be

available for inspection by the director of the department of labor and economic

opportunity or his or her authorized representative and by employees or his or her

authorized representatives.

(2) The employer shall ensure that employees who are expected to do structural

firefighting are physically capable of performing duties that may be assigned to them

during emergencies. The employer shall not permit employees with known heart disease,

epilepsy, or emphysema to participate in fire brigade emergency activities unless a

physician’s certificate of the employees’ fitness to participate in such activities is provided.

(3) The employer shall provide training and education for all fire brigade members

commensurate with those duties and functions that fire brigade members are expected to

perform. Such training and education shall be provided to fire brigade members before they

perform fire brigade emergency activities. Fire brigade leaders and instructors shall be

provided with training and education that is more comprehensive than that provided to the

general membership of the fire brigade. Training and education records must be maintained

and be made available for inspection by the director of the department of labor and

economic opportunity or his or her authorized representative and by an employee or his or

her authorized representative.

(4) An employer shall ensure that training and education is conducted frequently enough

to ensure that each member of the fire brigade is able to perform the member’s assigned

duties and functions satisfactorily and in a safe manner so as not to endanger fire brigade

members or other employees. All fire brigade members shall be provided with training at

least annually. In addition, fire brigade members who are expected to perform interior

structural firefighting shall be provided with an education session or training at least

quarterly.

(5) An employer shall inform fire brigade members about hazards, such as the storage and

use of flammable liquids and gases, toxic chemicals, radioactive sources, and water

reactive substances, to which they may be exposed during a fire and other emergencies.

The fire brigade members shall also be advised of any changes that occur in relation to the

hazards.

(6) An employer shall develop written procedures that describe the actions to be taken in

situations involving hazards and shall include these written procedures in the training and

education program. An employer shall make the procedures available for inspection by

fire brigade members.

R 408.17312 Firefighting equipment.

Rule 7312. (1) The employer shall maintain and inspect, at least annually, firefighting

equipment to ensure the safe operational condition of the equipment.

(2) Inspection records must be maintained for a minimum period of 24 months for

firefighting equipment.

(3) The employer shall ensure that firefighting equipment that is in damaged or

unserviceable condition is removed from service and replaced.

R 408.17313 Proper use, handling, storage, and containment of firefighting foam

concentrate.

Rule 17313. (1) An employer must follow the specific, manufacturer provided safety

data sheets (SDSs) for all firefighting foam concentrate that employees may be exposed

to and follow best practices regarding the proper use, handling, and storage information.

(2) An employer must prevent intentionally added PFAS containing foam concentrate or

foam solution from entering ground water, surface water, or storm drains, as soon as

possible. Manual containment strategies used for spills involving a hazardous liquid

should be employed. These include blocking storm drains to prevent the contaminated

foam/water solution from entering the wastewater system or the environment. Defensive

tactics such as damming, diking, and diverting should be employed to get the foam/water

solution to an area suitable for containment until it can be removed in accordance with

local, state, and federal regulations. Immediately after the end of a fire or other incident at

which an organized fire brigade uses firefighting foam containing intentionally added

PFAS, the employer must report the incident to the Michigan pollution emergency alert

system.

(3) An employer must dispose of materials contaminated by foam containing PFAS

pursuant to the natural resources and environmental protection act, 1994 PA 451, MCL

324.101 to 324.90106.

(4) An employer must ensure the decontamination of an employee’s body and

equipment as follows:

(a) Post fire response contaminated personal protective equipment (PPE) must be

decontaminated as soon as practical. A mild detergent, with a pH of not less than 6 and

not greater than 10.5, must be used. The use of chlorine bleach, chlorinated solvents, or

other organic solvents is not permitted. Follow manufacturer’s recommended cleaning

procedures.

(b) An employee’s exposed skin, including the neck, face, and hands, must be

decontaminated, post fire response and whenever exposed to firefighting foam.

Employees must wash exposed skin with a mild soap and rinse thoroughly with water.

(5) An employer must prohibit the use of firefighting foam concentrate containing

intentionally added PFAS, by an employee for training purposes.

(6) An employer must prohibit the use of firefighting foam concentrate containing

intentionally added PFAS, by an employee, for equipment calibration purposes, unless

required by law or the facility where the calibration takes place has implemented

appropriate measures.

R 408.17314 Personal protective equipment for structural firefighting.

Rule 7314. (1) The protective ensemble requirements in these rules apply to those

employees who perform structural firefighting. The protective ensemble requirements do

not apply to employees who only control or extinguish incipient stage fires.

(2) An employer shall provide a protective ensemble that is in compliance with the

requirements of this part without cost to an employee. An employer shall ensure that all

fire brigade members wear the protective ensemble when performing structural

firefighting.

(3) The employer shall ensure that the protective ensemble protects the head, body, and

extremities, from hazards that are present or are likely to be present and consists of at least

all of the following components:

(a) Foot and leg protection.

(b) Hand protection.

(d) Face, eye, and head protection.

(4) When performing interior structural firefighting, the protective ensemble must meet

or exceed the requirements of NFPA 1971: “Standard on Protective Ensembles for

Structural Fire Fighting and Proximity Fire Fighting,” 1997 edition, as adopted in R

408.17301. Effective January 1, 2025, when performing interior structural firefighting, the

protective ensemble must meet or exceed the requirements of NFPA 1971: “Standard on

Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting,” 2013

edition, as adopted in R 408.17301.

(5) The protective ensemble must be inspected and cleaned after each use.

(6) An employer shall implement procedures for the inspecting and servicing of the

protective ensemble according to the manufacturer’s recommendations.

(7) An employer shall implement a procedure for determining whether the protective

ensemble must be repaired or replaced. All repairs must be made in compliance with the

manufacturer’s recommendations.

R 408.17315 Rescinded.

R 408.17316 Rescinded.

R 408.17317 Rescinded.

R 408.17318 Rescinded.

R 408.17320 Respiratory protection devices.

Rule 7320. (1) Effective January 1, 2025, when performing interior structural firefighting

an employer shall ensure any self-contained breathing apparatus currently in use must meet

or exceed the requirements of NFPA 1981: “Standard on Open-Circuit Self-Contained

Breathing Apparatus (SCBA) for Emergency Services,” 2007 edition, as adopted in R

408.17301.

(2) Effective January 1, 2025, an employer shall provide and enforce the use of a Personal

Alert Safety Systems (PASS) device to each employee utilizing a self-contained breathing

apparatus when performing interior structural firefighting. PASS devices shall meet or

exceed the requirements of NFPA 1982: "Standard on Personal Alert Safety Systems

(PASS)," 2007 edition, as adopted in R 408.17301.