MCL 408.1046(5) and Executive Reorganization Orders 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
Michigan Occupational Safety and Health Act of 1974 PA 154 MCL 408.1046(5).
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
MIOSHA promulgate standards that are “at least as effective as” those promulgated under Section
6 of the Act. By the authority conferred on the board of health and safety compliance and appeals
by section 46 of the of the Michigan Occupational Safety and Health Act, 1974 PA 154, MCL
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
The general subject matter of the appeals process is discussed in MIOSHA’s field operation
manual. Agency instruction MIOSHA-COM-4-2R4, Appeal and Settlement Processes for
MIOSHA Enforcement Divisions, also addresses this subject.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
No, the rules are not 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?
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.
The rule does not exceed similar regulations, compliance requirements, or other standards adopted
at the state or regional level but is more stringent than on the federal level due to the federal
process having less definitive timelines imposed.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
The rules do not incorporate the recommendations of any Advisory Rules Committee formed
pursuant to Executive Order 2011-5. The rules do incorporate recommendations received from
party representatives in board proceedings regarding complaints pertaining to the current rule set’s
limitations on filing and service of documents and the filing of exceptions.
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.
Last evaluation of the rule set was July 14, 2023, regarding the filing and service rule specifically.
Prior to that, the entire rule set was evaluated and amendments were drafted on June 6, 2000.
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?
Portions of the rules are being rescinded because the subject matter is covered by MOAHR’s rules,
as stated in the response in question 7.