Michigan Office of Administrative Hearings and Rules  
611 West Ottawa Street; 2nd Floor, Ottawa Building  
Lansing, MI 48933  
Phone: (517) 335-8658 FAX: (517) 335-9512  
AGENCY REPORT TO THE  
JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)  
Under the Administrative Procedures Act (APA), 1969 PA 306, the agency that has the statutory authority  
to promulgate the rules must complete and submit this form electronically to the Michigan Office of  
Administrative Hearings and Rules (MOAHR) at o’berryd@michigan.gov.  
1. Agency Information:  
Agency name: Licensing and Regulatory Affairs  
Division/Bureau/Office: Michigan Occupational Safety and Health Administration (MIOSHA)  
Name, title, phone number, and e-mail of person completing this  
Shannon Matsumoto,  
form:  
Program Manager  
matsumotos@michigan.gov  
517.284.7734  
Name of Departmental Regulatory Affairs Officer reviewing this form:  
2. Rule Set Information:  
ORR assigned rule set number: 2017-084 LR  
Title of proposed rule set:  
Construction Safety and Health Standard Part 14. Tunnels, Shafts,  
Caissons, and Cofferdams  
3. Purpose for the proposed rules and background:  
CS Part 14 Tunnels, Shafts, Caissons, and Cofferdams gives direction to employers and employees  
on protecting Michigan employees from health and safety hazards in the workplace when using  
tunnels, shafts, caissons, and cofferdams.  
4. Summary of proposed rules:  
These rules will amend and clarify the following rules:  
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R 408.41405 Applicability  
R 408.41455 Definitions; A to H.  
R 408.41461 Advance notice of tunnel excavation.  
R 408.41471 Ground support; inspections; repairs.  
The above rules will be amended to be more in line with the work that is being done by Michigan  
employers and employees.  
In addition, minor editorial and formatting changes are being made.  
Revised: April 22, 2019  
MCL 24.242 and 24.245  
Agency Report to JCAR – Page 2  
5. List names of newspapers in which the notice of public hearing was published and publication  
dates (attach copies of affidavits from each newspaper as proof of publication).  
The date of publication for following two newspapers was Monday, April 8, 2019:  
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The Oakland Press  
The Mining Journal  
The date of publication for the Lansing State Journal was Wednesday, April 10, 2019.  
The affidavits are attached.  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
Issue No. 6 – 2019, published April 15, 2019  
7. Time, date, location, and duration of public hearing:  
Time:  
Date:  
9:30 am  
May 1, 2019  
Ottawa Building  
Upper Level Conference Room 6  
611 West Ottawa Street,  
Lansing, Michigan 48933  
Location:  
Duration:  
9:32 a.m. to 9:36 a.m. – 4 minutes  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
https://www.michigan.gov/documents/lara/lara_miosha_2017-084_LR_-_RIS_CS_14_651822_7.pd  
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9. List of the name and title of agency representative(s) attending public hearing:  
Agency Representatives  
Agency Name  
Title of Representatives  
LARA  
MIOSHA Technical Services  
Division  
Division Director  
Ronald T. Ray Jr.  
LARA  
MIOSHA Regulatory Services  
Section  
Shannon Matsumoto  
Dena Hendon  
Program Manager  
Analyst  
LARA  
MIOSHA Regulatory Services  
Section  
LARA  
MIOSHA Regulatory Services  
Section  
Toscha Klopp  
Secretary  
Revised: February 12, 2018  
MCL 24.242 and 24.245  
Agency Report to JCAR – Page 2  
LARA  
Lawrence Hidalgo  
Eric Allan  
MIOSHA Construction Safety  
and Health Division  
Division Director  
Safety Manager  
LARA  
MIOSHA Construction Safety  
and Health Division  
10. Persons submitting comments of support:  
Associated General Contractors  
Paul Wresinski  
Safety & Health Director  
of Michigan (AGC)  
11. Persons submitting comments of opposition:  
No letters, comments, or testimony of opposition were received for CS Part 14 Tunnels, Shafts,  
Caissons, and Cofferdams.  
Revised: February 12, 2018  
MCL 24.242 and 24.245  
Michigan Office of Administrative Hearings and Rules  
611 West Ottawa Street; 2nd Floor, Ottawa Building  
Lansing, MI 48933  
Phone: (517) 335-8658 FAX: (517) 335-9512  
12. Identify any changes made to the proposed rules based on comments received during the public comment period:  
Name & Organization  
Comments Made at  
Public Hearing  
Written  
Comments  
Agency Rationale for Change  
Rule Number & Citation  
Changed  
R 408.41461(4) If the work  
operations of any occupied and  
pressurized tunnel projects are  
discontinued for 30  
consecutive days or longer,  
then the employer shall notify  
the Construction Safety and  
The change would be to  
differentiate that the  
re-notification would be for  
tunnels that are pressurized.  
Paul Wresinski  
Associated General  
Contractors of Michigan  
(AGC)  
Followed  
up with  
written  
R 408.41461(4)  
Requests clarification  
for pressurized tunnels  
1.  
Without this clarification, all  
occupied tunnels would need to Health Division at the  
comments  
notify MIOSHA even if they  
did not meet the original  
qualification.  
Michigan Department of  
Licensing and Regulatory  
Affairs, 24 hours before  
resuming work operations on  
the tunnel project.  
13. Date report completed:  
May 14, 2019  
Revised: April 22, 2019  
MCL 24.242 and 24.245  
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