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:  
MCL 24.244 (2)  
4. Title of proposed rule set:  
Construction Safety and Health Standard Part 26. Steel Erection  
5. Rule numbers or rule set range of numbers:  
R 408.42601 - R 408.42656  
6. Estimated time frame:  
3 months  
Name of person filling out RFR:  
Daniela Pelachyk  
E-mail of person filling out RFR:  
PelachykD@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.  
CS Part 26, Steel Erection standard, sets forth requirements to protect employees from the hazards  
associated with steel erection activities involved in the construction, alteration, or repair of single  
and multistory buildings, bridges, and other structures where steel erection occurs.  
These rules are being amended to adopt by reference Subpart R – Steel erection except for  
1926.753, “Hoisting and rigging,” and 1926.761, “Training.” These will be covered under  
Michigan rules which are referenced in R 408.42601.  
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 408.1014, 408.1019, and 408.1021, Executive Reorganization Order Nos. 1996-2, 2003-1,  
2008-4, 2011-4, 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  
explain.  
Michigan Occupational Safety and Health Act, 1974 PA 154, section 21, MCL 408.1021.  
MCL 24.239  
RFR-Page 2  
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.  
None. The Williams-Steiger Occupational Safety and Health Act of 1970 requires that the  
Michigan Occupational Safety and Health Administration 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, 19, and 21 of Act  
No. 154 of 1974, as amended, being MCL 408.1014, 408.1019 and 408.1021.  
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?  
MCL 24.244 (2)  
A. Explain why the rules are being promulgated under 24.244.  
These rules are being amended in order to be at least as effective as federal OSHA.  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;