Michigan Office of Administrative Hearings and Rules

611 W. Ottawa Street

Lansing, MI 48909

Phone: 517-335-8658 Fax: 517-335-9512

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Labor and Economic Opportunity

Division/Bureau/Office:

MIOSHA

Name of person completing this form:

Daniela Garza

Phone number of person completing this form:

517-284-7738

E-mail of person completing this form:

garzad@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Thomas Shaver

2. Rule Set Information

MOAHR assigned rule set number:

2019-122 LE

Title of proposed rule set:

General Industry Safety and Health Part 62 Plastic Molding

3. Purpose for the proposed rules and background:

GI Part 62 Plastic Molding gives direction to employers and employees on protecting Michigan

employees from health and safety hazards in the workplace when using plastic molding machines.

The standard is being amended for lockout and guarding to reflect current technologies used in the

industry and to review for clarity and consistency.

4. Summary of proposed rules:

The amendments of the General Industry Safety and Health Standard Part 62. Plastic Molding are

proposed to take immediate effect after filing with the Secretary of State. The proposed rules (2019-

122 LE) will be updated to amend the rules for lockout and guarding to reflect current technologies

used in the plastics industry. By adding options for guarding this will give an employer more choices

for effectively satisfying lockout/tagout minor servicing exemption of their plastic molding machines.

This will also allow the rules to add additional options to new and old machines.

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

Mining Journal – December 15, 2020

Lansing State Journal – December 15, 2020

Oakland Press – December 15, 2020

6. Date of publication of rules and notice of public hearing in Michigan Register:

1/1/2021

7. Date, time, and location of public hearing:

1/12/2021 09:00 AM at Virtual via Teams , https://teams.microsoft.com/l/meetup-join/19%

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8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=108

9. List of the name and title of agency representative(s) attending public hearing:

Bart Pickelman, Director of MIOSHA

Ron Ray, Director of Technical Services Division

Shannon Matsumoto, Manager of Standards and FOIA Section

Daniela Garza, Rules Analyst of Standards and FOIA Section

Toscha Klopp, Secretary of Standards and FOIA Section

Laura Basile, General Industry Supervisor, General Industry Safety & Health Division

Don Trefry, Onsite Safety Supervisor, Consultation Education and Training Division

Steve Toloken, Plastics News (Media)

Andrei Toth, Engel Machinery Inc.

Sebastian Birgel, KraussMaffei Technologies

Jim Curties Jr., US Farathane

Marie Gargas, Plastics Industry Association

Doug Sten, Pilz Automation Safety

Trevor Pruden, Arburg USA

Dave Beaudoin, Absolute Haitian

Juergen Giesow, Arburg, Director of Technology

Catherine Kavanaugh, Crain Communications, Plastics News (Media)

10. Persons submitting comments of support:

Marie Gargas, Senior Technical Director, Regulatory Affairs, Plastics Industry Association

(PLASTICS).

11. Persons submitting comments of opposition:

Marie Gargas, Senior Technical Director, Regulatory Affairs, Plastics Industry Association

(PLASTICS).

12. Identify any changes made to the proposed rules based on comments received during the

public comment period:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

Name &

Comments made at Written

Agency Rationale Rule number

Organization public hearing

Comments

for change

& citation

changed

1

Marie Gargas, PLASTICS requests

MIOSHA agrees R408.16207

Senior

the addition of the

following definition

for “Safety gate”

means a moveable,

with adding the

definition of

“safety gate” to R

408.16207 that

PLASTICS

(3)

Technical

Director,

Regulatory

Affairs, Plastics interlocked guard

Industry

Association

allowing the operator

access to the point of

operation to perform

production related

tasks.

suggested.

2

Marie Gargas, PLASTICS believes

408.16234(1) “For R 408.16234

injection molding (1)

machines

manufactured or

remanufactured

after February 6,

2008, the safety

control systems

provided shall be

monitored to

Senior

these modifications

would further improve

the proposed

Technical

Director,

Regulatory

amendments.

Affairs, Plastics Regarding Rule 6234.

Industry

(1), we believe

Association

monitoring is

important; if a failure

does occur, it will be

known. The date

specified in that

sentence, February 6,

2008, was the

compliance date for

monitoring

requirements in

ensure proper

function.”

MIOSHA will not

accept this

addition to the

rule. By not

ANSI/SPI B151.1-

2007. For what would

be new Rule 6234.

having the date in

the rules, all

machines have the

same requirements

regardless of when

they were

manufactured.

Monitoring is

addressed in

proposed rule

408.16211(3).

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

3

Marie Gargas, R 408.16234 (2)(b)(d),

MIOSHA accepts R 408.16234

Senior

for horizontal IMM,

the amendment

adding “to stop or

prevent mold-

closing” to R

(2)(b)(d)

Technical

Director,

Regulatory

this would add clarity

on the intent of the

requirement, reduce

Affairs, Plastics confusion and

408.16234 (2).

Industry

underscore that two

Association

safety

MIOSHA will

keep the language

“any 2” in R

concepts/systems must

be selected, encourage

diversity in safety

application, and

eliminate the need for

newly proposed option

(d) by clarifying (b) to

better convey our

original intent.

408.16234(2) as

written, this helps

with the flow of

the rule. It also

allows for the two

electronic mold-

closings to be

used.

4

Marie Gargas, For what would be

R 408.16234 (2) R 408.16234

(b)(d) MIOSHA is (3)(b)(c)

keeping the

language as

written and not

accepting

Senior

new R 408.16234. (3),

for vertical IMM, this

adds clarity by

Technical

Director,

Regulatory

changing “injection

Affairs, Plastics unit” to “mold,” with

Industry

Association

parallel changes to (2)

in the initial text,

PLASTICS

suggested

option (b), and

elimination of newly

proposed option (c).

amendments. The

language in

subection (d)

specifies a second

electric mold

closing and

clarifies that this

requirement can

be met with two

separate electronic

mold-closing

controls

MIOSHA accepts

the amendments

“mold” striking

“injection unit” in

R 408.16234 (3)

MIOSHA accepts

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

the amendment

adding “to stop or

prevent mold-

closing” to R

408.16234 (3).

MIOSHA will

keep the language

“any 2” as in R

408.16234(3) as

written, this helps

with the flow of

the rule. It also

allows for the two

electronic mold-

closings to be

used.

R 408.16234 (3)

(b)(c) MIOSHA is

keeping the

language as

written and not

accepting

PLASTICS

suggested

amendments. The

language in

subsection (d)

specifies a second

electric mold

closing and

clarifies that this

requirement can

be met with two

separate electronic

mold-closing

controls.

13.Date report completed:

2/8/2021

MCL 24.242 and 24.245