Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Labor and Economic Opportunity  
2. Bureau:  
MIOSHA  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
General Industry Safety Standard Part 74. Fire Fighting  
5. Rule numbers or rule set range of numbers:  
R 408.17401 to R 408.17464  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Daniela Garza  
E-mail of person filling out RFR:  
GarzaD@michigan.gov  
Phone number of person filling out RFR:  
517-284-7738  
Address of person filling out RFR:  
530 West Allegan Street, Lansing MI, 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
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).  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The Williams-Steiger Occupational Safety and Health Act of 1970 requires that the Michigan  
Occupational Safety and Health Act promulgate standards are that “at least as effective as” those  
promulgated under Section 6 of the Act, Sections 16 and 21 of Act No. 154 of 1974, as amended,  
being MCL 408.1016 and MCL 408.1021.  
MCL 24.239  
RFR-Page 2  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL  
445.2001, 445.2011, 445.2025, 445.2030, and 125.1998.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Michigan Occupational Safety and Health Act, 1974 Pa 154, MCL. 408.1009.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
MIOSHA is not aware of any rules that conflict with or duplicate similar rules, compliance  
requirements, or other standards adopted at the state, or regional.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
None that MIOSHA is aware of.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
These proposed rules are more restrictive than Federal OSHA in that Federal OSHA does not have  
a comparable standard for fire-fighting. Therefore, these rules are being promulgated under the  
full rulemaking process as specified in the Administrative Procedures Act and a public hearing is  
required.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
No comments have been received from the public regarding these rules; however, MIOSHA will  
be convening an advisory committee to receive input from industry.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The rules were last updated June 14, 2019.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
MIOSHA is not aware of any changes.  
17. 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  
MCL 24.239  
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