Sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154,
MCL 408.1014, 408.1016, 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
The rules are mandated by the United States Department of Labor, Occupational Safety and
Health Administration (OSHA), 29 CFR 1902 Subpart B, “Criteria for State Plans.”
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.
Current MIOSHA COVID-19 emergency rules already adopt OSHA’s COVID-19 emergency
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
The United States Centers for Disease Control and Prevention (CDC) and OSHA have COVID-19
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?
MCL 24.244 (2)
A. Explain why the rules are being promulgated under 24.244.
These rules are being adopted, in order to be as effective as federal OSHA.