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:  
Part 11. Recording and Reporting of Occupational Injuries and Illnesses  
5. Rule numbers or rule set range of numbers:  
R 408. 22101 - R 408.22162  
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 W Allegan Street, Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
MIOSHA Safety and Health Standard Part 11, Recording and Reporting of Occupational Injuries  
and illnesses gives direction to employers and employees on the recording and reporting of  
occupational injuries and illnesses to comply with federal requirements.  
These rules are being amended in order to be at least as effective as 29 CFR 1904, “Recording and  
Reporting Occupational Injuries and Illnesses.”  
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 408.1016, MCL 408.1069 and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-  
4, 2011-4, 2019-13, 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.  
The Williams-Steiger Occupational Safety and Health Act of 1970 requires that MIOSHA  
promulgate standards that are “at least as effective as” those promulgated under Section 6 of the  
Act.  
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.  
The rules do not conflict with or duplicate similar rules, compliance requirements, or other  
standards adopted at the state, regional, or federal level.  
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?  
No, the rules are not listed on the department's annual regulatory plan.  
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 promulgated under MCL 24.244 to be 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  
;