DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY  
DIRECTOR'S OFFICE  
CONSTRUCTION SAFETY AND HEALTH STANDARD  
Filed with the secretary of state on March 9, 2021  
These rules take effect immediately upon filing with the secretary of state unless adopted  
under section 33, 44, or 45a(6) 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 14, 16, 19, 21, and 24 of the Michigan occupational safety and  
health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024,  
and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and  
2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)  
R 408.40601, R 408.40615, R 408.40616, R 408.40617a, and R 408.40636 of the  
Michigan Administrative Code are amended, and R 408.40624a is rescinded, as follows:  
PART 6. PERSONAL PROTECTIVE EQUIPMENT  
R 408.40601 Scope, adoption, and availability.  
Rule 601. (1) This standard provides specifications for personal protective  
equipment and prescribes the use, selection, and maintenance of this equipment for the  
protection of the employee’s head, face, eyes, hands, feet, and body during construction  
operations.  
(2) Hearing protection must be in compliance with Occupational Health Standard  
Part 680. “Occupational Noise Exposure.”  
(3) Respiratory protection must be in compliance with General Industry and  
Construction Safety and Health Standard Part 451. “Respiratory Protection.”  
(4) Protective equipment, including personal protective equipment for eyes, face,  
head, hands, feet, and body, protective clothing, and protective shields and barriers, must  
be provided, used, and maintained in a sanitary and reliable condition wherever it is  
necessary by reason of hazards of processes or environment, chemical hazards,  
radiological hazards, or mechanical irritants encountered in a manner capable of causing  
injury or impairment in the function of any part of the body through absorption,  
inhalation, or physical contact.  
(5) The following federal Occupational Safety and Health Administration (OSHA)  
regulations are adopted by reference in these rules:  
(a) 29 CFR 1926.28 “Personal protective equipment,” as in effect as of the effective  
date of these rules.  
(b) 29 CFR 1926.100 “Head protection,” as amended July 23, 2012.  
(c) 29 CFR 1926.102 “Eye and face protection,” as amended March 25, 2016.  
January 5, 2021  
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(d) 29 CFR 1926.97 “Electrical protective equipment,” as amended July 10, 2014.  
(e) 29 CFR 1926.105 “Safety nets,” as amended August 2, 1995.  
(6) A reference to 29 CFR part 1926, subpart E “Personal Protective and Life Saving  
Equipment,” means the following standards:  
(a) Construction Safety and Health Standard Part 6. “Personal Protective  
Equipment.”  
(b) Occupational Health Standard Part 680. “Occupational Noise Exposure.”  
(c) General Industry and Construction Safety and Health Standard Part 451.  
“Respiratory Protection.”  
(7) The adopted federal regulations have the same force and effect as a rule  
promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL  
408.1001 to 408.1094.  
(8) The American National Standard Institute ANSI Standard Z-41 “Personal  
Protection - Protective Footwear,” 1991 edition, is adopted by reference in these rules.  
This standard is available at the Document Center, Inc., Customer Service, 121 Industrial  
Road, Suite 8, Belmont, California 94002, USA, telephone: (650) 591-7600 or via the  
internet at the company's website, www.document-center.com, at a cost as of the time of  
adoption of these rules of $49.95.  
(9) The OSHA regulations adopted in these rules are available from the United States  
Department of Labor, Occupational Safety and Health Administration website,  
www.osha.gov, at no charge, as of the time of adoption of these rules.  
(10) The standards adopted in these rules are available for inspection at the  
Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA  
Section, 530 West Allegan Street, P.O. Box 30645, Lansing, Michigan, 48909-8145.  
(11) The standards adopted in these rules may be obtained from the publisher or the  
Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA  
Section, 530 West Allegan Street, P.O. Box 30645, Lansing, Michigan, 48909-8145, at  
the cost charged in this rule, plus $20.00 for shipping and handling.  
(12) The following Michigan Occupational Safety and Health Administration  
(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, 530 West Allegan Street, P.O. Box 30645,  
Lansing, Michigan, 48909-8145 or via the internet at the following 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.  
(a) Construction Safety Standard Part 45. “Fall Protection,” R 408.44501 to  
R 408.44502.  
(b) General Industry and Construction Safety and Health Standard Part 451.  
“Respiratory Protection,” R 325.60051 to R 325.60052.  
(c) Occupational Health Standard Part 680. “Occupational Noise Exposure,”  
R 325.60131.  
R 408.40615 Definitions, H to R.  
Rule 615. (1) “Helmet,” also called a hard hat or cap, means a device that is worn on  
the head and that is designed to provide limited protection against impact, flying  
particles, or electric shock.  
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(2) “Lanyard” means a rope, suitable for supporting 1 person. One end is fastened to  
a safety belt or harness and the other end is secured to a substantial object or a safety line.  
(3) “Lifeline” means a rope, suitable for supporting 1 person, to which a lanyard or  
safety belt (or harness) is attached.  
(4) “Manufacturer” means a business entity that marks or directs the permanent  
marking of the components or complete devices as compliant with this standard and sells  
them as compliant.  
(5) “Metatarsal guards” mean guards that are designed to protect the top of the foot  
from the toes to the ankle over the instep of the foot. These guards may be attached to the  
outside of shoes.  
(6) “O.D.” means optical density and refers to the light refractive characteristics of a  
lens.  
(7) “Protective footwear” means footwear that is designed, constructed, and classified  
to protect the wearer from a potential hazard or hazards.  
(8) "Radiant energy" means energy that travels outward in all directions from its  
sources.  
R 408.40616 Definitions, S, T.  
Rule 616. (1) “Safety belt” means a device, usually worn around the waist which, by  
reason of its attachment to a lanyard and lifeline or a structure, will prevent a worker  
from falling.  
(2) “Safety line” means a device used for emergency rescue work.  
(3) “Sanitizing” means an act or process of destroying organisms that may cause  
disease.  
(4) “Shell” means the portion of welding helmet or handshield that covers the  
wearer’s face and is the part of a helmet which includes the outermost surface.  
(5) “Toe guards” means the guards that fit over the toes of regular shoes to protect the  
toes from impact and compression hazards. These guards may be attached to the outside  
of shoes.  
PAYMENT FOR PERSONAL PROTECTIVE EQUIPMENT.  
R 408.40617a Payment for personal protective equipment (PPE).  
Rule 617a. (1) An employer shall provide at no cost to employees the personal  
protective equipment necessary to protect against hazards that the employer is aware of  
as a result of any required assessments.  
(2) An employer shall pay for replacement PPE, as necessary, under either of the  
following conditions:  
(a) When the PPE no longer provides the protection it was designed to provide.  
(b) When the previously provided PPE is no longer adequate or functional.  
(3) When an employee has lost or intentionally damaged the PPE issued to him or  
her, an employer is not required to pay for its replacement and may require the employee  
to pay for its replacement.  
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(4) An employer is not required to pay for prescription safety eyewear with  
removable or permanent sideshields as long as the employer provides safety eyewear that  
fits over an employee’s prescription lenses.  
(5) An employer is not required to pay for non-specialty prescription safety eyewear,  
provided that the employer permits these items to be worn off the job-site.  
(6) An employer is not required to pay for non-specialty safety-toe protective  
footwear, including steel-toe shoes or steel-toe boots, provided that the employer permits  
these items to be worn off the job-site.  
(7) When the employer provides metatarsal guards and allows the employee, at his or  
her request, to use shoes or boots with built-in metatarsal protection, the employer is not  
required to reimburse the employee for the shoes or boots.  
(8) An employer is not required to pay for either of the following:  
(a) Everyday clothing, which includes any of the following:  
(i) Long-sleeve shirts.  
(ii) Long pants.  
(iii) Street shoes.  
(iv) Normal work boots.  
(v) Ordinary clothing.  
(vi) Skin creams.  
(b) Other items used solely for protection from weather, which includes any of the  
following:  
(i) Winter coats.  
(ii) Jackets.  
(iii) Gloves.  
(iv) Parkas.  
(v) Rubber boots.  
(vi) Hats.  
(vii) Raincoats.  
(viii) Ordinary sunglasses.  
(ix) Sunscreen.  
(9) An employer shall pay for protection when ordinary weather gear is not sufficient  
to protect an employee and special equipment or extraordinary clothing is needed to  
protect the employee from unusually severe weather conditions. Clothing used in  
artificially-controlled environments with extreme hot or cold temperatures, such as  
freezers, is not considered part of the weather gear exception.  
(10) All of the following apply to upgraded and personalized PPE:  
(a) An employer is not required to pay for PPE requested by an employee that  
exceeds the PPE requirements, provided that the employer provides PPE that meets the  
standards at no cost to the employee.  
(b) If an employer allows an employee to acquire and use upgraded or personalized  
PPE, then the employer is not required to reimburse the employee for the equipment,  
provided that the employer has provided adequate PPE at no cost to the employee.  
(c) An employer shall evaluate an employee’s upgraded or personalized PPE to  
ensure that it is in compliance with all of the following:  
(i) Adequate to protect from hazards present in the workplace.  
(ii) Properly maintained.  
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(iii) Kept in a sanitary condition.  
(11) When the provisions of another MIOSHA standard specify whether the employer  
shall pay for specific equipment, the payment provisions of that standard prevails.  
R 408.40624a Rescinded.  
WORKING OVER OR NEAR WATER  
R 408.40636 Working over or near water.  
Rule 636. (1) Where a possibility of drowning exists, each employee working over or  
adjacent to water shall wear a life jacket or buoyant work vest. The life jacket or buoyant  
vest shall bear a label, “U.S. Coast Guard approved.”  
(2) Before and after each use, a competent person shall inspect the life jacket or  
buoyant vest for defects which might alter its strength or buoyancy. Defective units shall  
not be used.  
(3) A ring buoy with not less than 90 feet of safety line shall be provided and shall be  
readily available for rescue operations. The distance between the buoys shall not be more  
than 200 feet.  
(4) Not less than 1 lifesaving boat equipped with a method of propulsion that is  
effective for the water conditions shall be available at the location where an employee  
works over or adjacent to water.  
;