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 and Construction Safety and Health Part 505. Coronavirus-19 (COVID-19)  
5. Rule numbers or rule set range of numbers:  
R 408.1 to R 408.29  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Shannon Matsumoto  
E-mail of person filling out RFR:  
matsumotos@michigan.gov  
Phone number of person filling out RFR:  
517-284-7734  
Address of person filling out RFR:  
530 West Allegan Street, Lansing, MI 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
These rules are promulgated by the Director of the Michigan Department of Labor and Economic  
Opportunity to establish requirements for employers to control and prevent novel coronavirus  
disease (COVID-19) among employees. At present the Michigan Occupational Safety and Health  
Administration (MIOSHA) has no permanent rules specific to severe acute respiratory syndrome  
coronavirus 2 (SARS-CoV-2) exposure. SARS-CoV-2 is easily transmitted through the air from  
person-to-person through respiratory aerosols.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The director of the department has the specific promulgation authority for the rules.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
Sections 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL  
408.1019, 408.1021, and 408.1024, and Executive Reorganization Order Nos. 1996-1, 1996-2,  
2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 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.  
MCL 24.239  
RFR-Page 2  
No  
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.  
These permanent rules do not conflict with or duplicate other similar permanent rules, compliance  
requirements, or other standards adopted at the state, regional, or federal level. MIOSHA currently  
has temporary emergency rules covering these hazards.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
Federal Occupational Safety and Health Administration (OSHA) and the Center for Disease  
Control and Prevention (CDC) have COVID-19 guidelines that will be reviewed during this rule  
promulgation process.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
No.  
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 permanent rules may exceed MIOSHA’s temporary emergency rules on the subject.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
No, MIOSHA has not received any recommendations from the public regarding the permanent  
rules.  
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.  
MIOSHA’s current temporary emergency rules were issued October 14, 2020.  
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?  
No.  
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  
;