DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
DIRECTOR’S OFFICE
GENERAL INDUSTRY SAFETY AND HEALTH STANDARD
Filed with the secretary of state on January 26, 2024
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 16 and 21 of the Michigan occupational safety and health act,
1974 PA 154, MCL 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 408.10801, R 408.10803, R 408.10826, R 408.10831, R 408.10833, and R 408.10837
of the Michigan Administrative Code are amended, and R 408.10804, R 408.10805, R
408.10807, R 408.10808, R 408.10811, R 408.10812, R 408.10813, R 408.10814, R
408.10821, R 408.10822, R 408.10823, R 408.10824, R 408.10825, R 408.10835, R
408.10836, and R 408.10839 are rescinded, as follows:
PART 8, PORTABLE FIRE EXTINGUISHERS
R 408.10801 Scope, application, adoption, and availability of standards.
Rule 801. (1) The rules apply to the placement, use, maintenance, and testing of
portable fire extinguishers provided for the use of employees. 29 CFR 1910.157(d)
does not apply to extinguishers provided for employee use on the outside of workplace
buildings or structures. Where extinguishers are provided but are not intended for
employee use and the employer has an emergency action plan and a fire prevention
plan that meet the requirements of 29 CFR 1910.38 and 29 CFR 1910.39, respectively,
then only the requirements of 29 CFR 1910.157(e) and (f) apply. The provisions of this
part are the minimum requirements for portable fire extinguishers. A specific rule may
be set forth in other general industry safety standards where, due to process hazards,
additional portable fire extinguishers may be required.
Exemptions. Where the employer has established and implemented a written fire safety
policy which requires the immediate and total evacuation of employees from the
workplace upon the sounding of a fire alarm signal and which includes an emergency
action plan and a fire prevention plan which meets the requirements of 29 CFR 1910.38
November 14, 2023