Michigan Office of Administrative Hearings and Rules
Administrative Rules Division (ARD)
REQUEST FOR RULEMAKING (RFR)
Labor and Economic Opportunity
3. Promulgation type:
MCL 24.244 (2)
4. Title of proposed rule set:
Construction Safety and Health Standard Part 9, Excavation, Trenching, and Shoring
5. Rule numbers or rule set range of numbers:
R 408.40901 to R 408.40953
6. Estimated time frame:
Name of person filling out RFR:
E-mail of person filling out RFR:
Phone number of person filling out RFR:
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
CS Part 9, Excavation, Trenching, and Shoring, gives directions to employers on protecting
Michigan employees from safety hazards in the workplace.
These rules are being amended to add the word “vertically” to R 408.40945, “Trenching Boxes
and Shields,” to match the federal Occupational Safety and Health Administration rules (OSHA).
These rules are also being amended to add definitions that are listed in OSHA’s Subpart P –
Excavation standard, 29 CFR 1926.650, “Scope, application, and definitions applicable to this
subpart,” 1926.651, “Specific excavation requirements,” and 1926.652, “Requirements for
In addition, minor editorial, formatting, and title name changes are being made.
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.).
MCL 408.1019 and 408.1021, and 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