Michigan Office of Administrative Hearings and Rules  
MOAHR-Rules@michigan.gov  
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:  
2020-67 LE  
Title of proposed rule set:  
General Industry Safety Standard Part 74. Fire Fighting  
3. Purpose for the proposed rules and background:  
General Industry Safety Standard Part 74 Fire Fighting gives direction to employers and employees  
on protecting Michigan employees from health and safety hazards in the workplace when related to  
fire fighting.  
The current rules will be revised to adopt by reference National Fire Protection Association (NFPA)  
standard 1403 establishing requirements for live fire training.  
MIOSHA is also placing language into Part 74 to meet conditions from new law that took effect July  
31, 2020, which involves best practices regarding proper use, handling, and storage of fire-fighting  
foam concentrate as well as the best health practices including, but not limited to, containment and  
handling of perfluoroalkyl or polyfluoroalkyl substance (PFAS).  
4. Summary of proposed rules:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
The Department of Labor and Economic Opportunity (LEO) and the Michigan Occupational Safety  
and Health Administration (MIOSHA) will hold a public hearing on the promulgation of the General  
Industry Safety Health Standard Part 74. Firefighting.  
The proposed rule set will be updated to adopt by reference National Fire Protection Association  
(NFPA) standard 1403 establishing requirements for live fire training.  
On July 31, 2020, MCL 408.1014r was added to the Michigan Occupational Safety and Health Act,  
1974 PA 154, to require the Director of LEO to promulgate rules regarding a firefighter’s use of  
firefighting foam concentrates containing Polyfluoroalkyl Substances (PFAS). These new rules are  
included in the proposed changes.  
Several of the current rules that reference older versions of NFPA standards have been updated to a  
newer version of the standards. These updated references and requirements can be viewed with other  
proposed amendments at the link provided below.  
The proposed rules will be published in the March 15, 2022, Michigan Register. You may download  
a free copy of the proposed amendments by visiting the agency’s website at  
https://www.michigan.gov/mioshastandards. The proposed rules will take immediate effect after  
filing with the Secretary of State.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
Mining Journal - March 8, 2022  
Lansing State Journal - March 7, 2022  
Oakland Press - March 7, 2022  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
3/15/2022  
7. Date, time, and location of public hearing:  
4/5/2022 10:00 AM at The Michigan Library & Historical Center, 1st Floor Forum , 702 W.  
Kalamazoo, Lansing MI, 48915  
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=195  
9. List of the name and title of agency representative(s) attending public hearing:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
Bart Pickleman, MIOSHA Director  
Ron Ray, MIOSHA Technical Services Division Director  
Shannon Matsumoto, MIOSHA Standards and FOIA Section Manager  
Daniela Garza, MIOSHA Standards and FOIA Section Analyst  
Toscha Klopp, MIOSHA Standards and FOIA Section Secretary  
Kristin Osterkamp, MIOSHA Consultation Education and Training Division Senior Industrial  
Hygienist  
Augustine Syrovy, MIOSHA Consultation Education and Training Division Occupational Safety  
Consultant  
Richard Pfander Jr, MIOSHA General Industry Safety and Health Division Safety & Health Manager  
Chris Johnson, MIOSHA Consultation Education and Training Division  
Deb Ziel, MIOSHA Consultation Education and Training Division  
10. Persons submitting comments of support:  
No comments of support were submitted.  
11. Persons submitting comments of opposition:  
No comments of opposition were submitted.  
12. Persons submitting other comments:  
Lynnae White, Fire Marshal, Grandville Fire Department, written comments related to  
grammar/clarity.  
13. 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 4  
Name &  
Organization public hearing  
Comments made at Written  
Agency Rationale Rule number  
for Rule Change & citation  
and Description changed  
of Change(s)  
Comments  
Made  
1
2
Lynnae White,  
Fire Marshal,  
Grandville Fire  
Department  
Ms. White is  
asking if  
individuals  
should be  
individual.  
MIOSHA will edit R 408.17421  
the sentence.  
Removing "a" for  
clarity.  
Lynnae White,  
Fire Marshal,  
Grandville Fire  
Department  
Ms. White asks MIOSHA agrees R 408.17431  
why the acronym to use the acronym  
PPE isn't used  
throughout the  
document as it  
was previously  
defined as  
PPE through out  
the standard,  
except for the  
beginning of a  
sentence or title.  
personal  
protective  
equipment in  
408.17430(4)(a).  
3
Lynnae White,  
Fire Marshal,  
Grandville Fire  
Department  
Ms. White states MIOSHA agrees R 408.17463  
the word "the" that "the" should (2)  
needs to be added be added after  
after the word  
"with"  
"with" for  
grammatical  
correctness.  
14.Date report completed:  
4/19/2022  
MCL 24.242 and 24.245  
;