Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
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 and Health Standard Part 73. Fire Brigades  
5. Rule numbers or rule set range of numbers:  
R 408.17301 - R 408.17322  
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 73. Fire Brigades provides direction to fire brigades,  
industrial fire departments, and private or contractual-type fire departments when these types of  
fire brigades are established by an employer for protecting Michigan employees from health and  
safety hazards in the workplace.  
The current rules will be revised to adopt by reference National Fire Protection Association  
(NFPA) 1981: “Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for  
Emergency Services" and NFPA 1982: “Standard on Personal Alert Safety Systems (PASS)"  
which establish requirements for respiratory protection when performing structural firefighting.  
MIOSHA is placing language into Part 73 to meet conditions of the Michigan Occupational Safety  
and Health Act, PA 154 of 1974, MCL 408.1014r, that took effect July 31, 2020. The revisions will  
involve the inclusion of best practices regarding proper use, handling, containment, and storage of  
fire-fighting foam concentrate containing perfluoroalkyl or polyfluoroalkyl substance (PFAS).  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
MCL 24.239  
RFR-Page 2  
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. By authority conferred on the director of the department  
of labor and economic opportunity by sections 14, 14r, 16, and 21 of Act No. 154 of 1974, as  
amended, being MCL, 408.1014, 408.1014r, MCL 408.1016 an MCL 408.1021.  
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, 125.1998, 408.1014, 408.1014r, 408.1016, and  
408.1021.  
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 sections MCL 408.1014, 408.1014r,  
408.1021.  
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.  
There are rules in this ruleset that duplicate rules at the federal level. In addition, there are rules in  
this ruleset specific to PFAS that are not in the federal level rules.  
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  
address the proper use, handling, storage, and containment of firefighting foam containing PFAS.  
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 the 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 on May 28, 2015.  
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.  
MCL 24.239  
RFR-Page 3  
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  
;