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
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?
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?
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
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.