State Budget Office  
Office of Regulatory Reinvention  
111 S. Capitol Avenue; 8th Floor, Romney Building  
Lansing, MI 48933  
Phone: (517) 335-8658 FAX: (517) 335-9512  
REQUEST FOR RULEMAKING (RFR)  
Under the Administrative Procedures Act (APA), 1969 PA 306, the department/agency  
that has the statutory authority to promulgate the rules must file a request for rulemaking  
with the Office of Regulatory Reinvention before initiating any changes or additions to the  
rules. Please submit an electronic copy to the ORR at orr@michigan.gov.  
1. Department:  
Michigan Occupational Safety and Health Administration (MIOSHA)  
2. Division/agency/bureau:  
MIOSHA Technical Services Division - MIOSHA Regulatory Services Section  
3. Name, address, e-mail, and phone number of agency contact person:  
Daniel Dykstra, Program Manager  
Mason Building  
530 West Allegan Street – Lansing Michigan 48933  
dykstrad@michgian.gov  
517.284.7734  
4. Title of proposed rule(s) or rule set:  
Construction Safety and Health Standard Part 14 Tunnels, Shafts, Caissons, and  
Cofferdams  
5. Rule number(s) or rule set range of numbers:  
R 408.41401 - R 408.41483  
6. Estimated timetable for completion, or statutory deadline, if applicable:  
6 months  
7. Describe the general goal/purpose of these rules. Include a discussion of the  
problem(s) - the rule rescissions, additions, or amendments intended to address:  
Revised: March 23, 2017  
MCL 24.239  
Request for Rulemaking – Page 2  
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.  
These rules will amend and clarify the following rules:  
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 throughout the rule  
set.  
8. Please cite the specific promulgation authority for the rule(s) (i.e. department  
director, commission, board, etc.), listing all applicable statutory references. Are  
the rule(s) mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
The Williams-Steiger Occupational Safety and Health Act of 1970 requires that the  
Michigan Occupational Safety and Health Act promulgate standards that are “at least as  
effective as” those promulgated under Section 6 of the Act, Sections 19 and 21 of Act  
No. 154 of 1974, as amended, being MCL 408.1019 and MCL 408.1021.  
9. Please describe the extent to which the rule(s) conflict with or duplicate similar  
rules or regulations adopted by the state or federal government [include statutory  
references and public acts, as applicable]:  
MIOSHA is not aware of any conflict or duplication.  
10. Is the subject matter of the rule(s) currently contained in any guideline,  
handbook, manual, instructional bulletin, form with instructions, or operational  
memoranda?  
None, that MIOSHA is aware of.  
11. Is the rule(s) listed on the department’s annual regulatory plan as a rule to be  
processed for the current year?  
No it is not. The proposed changes were brought forward by industry representatives  
after submission of MIOSHA’s annual regulatory plan requesting that MIOSHA make  
the changes.  
12. Will the proposed rule(s) be promulgated under Sections 44 or 48 of the  
Administrative Procedures Act, 1969 PA 306, as amended, being MCL 24.244 or  
Revised: March 23, 2017  
MCL 24.239  
Request for Rulemaking – Page 3  
24.248? Will the rule(s) be promulgated under the full rulemaking process? Please  
explain.  
These proposed rules are more restrictive than Federal OSHA. Therefore, these rules  
are being promulgated under the full rulemaking process as specified in the  
Administrative Procedures Act and a public hearing is required.  
Note: If this request for rulemaking applies to rules that will be promulgated pursuant to  
Sections 44 or 48 of the Administrative Procedures Act, 1969 PA 306, as amended,  
MCL 24.244 or 24.248, you do not have to answer questions 13 to 18.  
13. Please describe the extent to which the rule(s) exceed national or regional  
compliance requirements or other standards:  
These rules are being amended.  
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.  
These changes go beyond OSHA regulations, but support the actual work that is be done  
by Michigan employers and employees.  
14. Do the rule(s) incorporate the recommendations of any Advisory Rules  
Committee formed pursuant to Executive Order 2011-5? If yes, please explain.  
No Advisory Rules Committee was formed.  
15. Do the rule(s) incorporate the recommendations received from the public  
regarding any complaints or comments regarding the rule(s)? If yes, please explain.  
No. The proposed changes were brought forward by industry representatives requesting  
that MIOSHA make the changes.  
16. If amending an existing rule set, please provide the date of the last evaluation of  
the rule(s) and the degree, if any, to which technology, economic conditions, or other  
factors have changed the regulatory activity covered by the rule(s) since the last  
evaluation:  
These rules are being amended.  
R 408.41405 Applicability, last amended in 2003  
R 408.41455 Definitions; A to H, last amended in 2003  
R 408.41461 Advance notice of tunnel excavation, last amended in 2014  
R 408.41471 Ground support; inspections; repairs, last amended in 2003  
This is the first amendment of the rules that goes beyond OSHA regulations.  
Revised: March 23, 2017  
MCL 24.239  
Request for Rulemaking – Page 4  
17. Are there any changes or developments since implementation that demonstrate  
there is no continued need for the rule(s), or any portion of the rules?  
MIOSHA is not aware of any.  
18. Is there an applicable decision record (as defined in MCL 24.203(6) and  
required by MCL 24.239(2))? If so, please attach the decision record.  
No.  
19. Reviewed by the following Departmental Regulatory Affairs Officer (RAO):  
Liz Arasim  
Department of Licensing and Regulatory Affairs  
---------------------------------------------------------------------------------------------------------------  
↓ To be completed by the ORR ↓  
Date RFR received:  
11-17-2017  
Based on the information provided in this RFR, the ORR concludes that there  
are sufficient policy and legal bases for approving the RFR.  
ORR assigned  
2017-084 LR  
rule set number:  
Date of approval: Explanation: This Request for Rulemaking satisfies the  
12/05/2017  
requirements of the Administrative Procedures Act, 1969 PA  
306, MCL 24.201 et seq., and Executive Order 2011-5.  
Based on the information provided in this RFR, the ORR is not approving the  
RFR at this time.  
Date of  
disapproval:  
More  
Explanation:  
Explanation:  
information  
needed:  
Revised: March 23, 2017  
MCL 24.239  
;