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 92. Hazard Communication  
5. Rule numbers or rule set range of numbers:  
R 408.19201 to R 408.19204  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Amber Sweeney  
Email of person filling out RFR:  
sweeneya@michigan.gov  
Phone number of person filling out RFR:  
517-284-7761  
Address of person filling out RFR:  
Mason Building  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
MIOSHA Construction Safety Standard Part 42, Hazard Communication gives direction to employers  
and employees on the storage, transportation, and use of hazardous chemicals to comply with federal  
requirements.  
OSHA is amending the Hazard Communication Standard (HCS) to conform to the United Nations'  
Globally Harmonized System of Classification and Labelling of Chemicals (GHS), primarily Revision 7  
(Rev. 7), address issues that arose during the implementation of the 2012 update to the HCS and  
provide better alignment with other U.S. agencies and international trading partners, while enhancing  
the effectiveness of the standard. Consistent with Executive Order 13563 and the Regulatory  
Flexibility Act, which call for assessment and, where appropriate, modification and improvement of  
existing rules, OSHA has reviewed the existing HCS. The agency has determined that the revisions in  
this final rule will enhance the effectiveness of the HCS by ensuring employees are appropriately  
apprised of the chemical hazards to which they may be exposed, thus reducing the incidence of  
chemical-related occupational illnesses and injuries. The modifications to the standard include  
revised criteria for classification of certain health and physical hazards, revised provisions for  
updating labels, new labeling provisions for small containers, new provisions related to trade secrets,  
technical amendments related to the contents of safety data sheets (SDSs), and related revisions to  
definitions of terms used in the standard.  
MIOSHA is amending these rules to be at least as effective as OSHA’s (which is within the U.S.  
Department of Labor) recently revised standard, “Hazard Communication”, 29 CFR § 1910.1200.  
MCL 24.239  
RFR-Page 2  
8. Please cite the specific promulgation authority for the rules (i.e., department director,  
commission, board, etc.).  
The director of the department has specific promulgation authority for the rules.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 408.1014, MCL 408.1016, MCL 408.1069 and Executive Reorganization 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.  
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. Promulgation authority is mandated by MCL 408.1014(5) requiring MIOSHA to, within  
10 working days, begin the processing of an administrative rule that is substantially similar to  
the federal occupational safety and health standard promulgated under the federal  
Occupational Safety and Health Act of 1970, Public Law 91-596.  
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.  
These rules are being promulgated under MCL 24.244 to be as effective as OSHA. Therefore, the  
state standards adopted by these rules are duplicative with the federal standards. The rules do not  
conflict with or duplicate similar rules, compliance requirements, or other standards adopted at the  
state or regional level.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
MIOSHA is not aware of any guideline, handbook, manual, instructional bulletin, form with  
instructions, or operational memoranda that contains the subject matter of the rules.  
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  
of 1969, 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.  
R 408.19202 adopts by reference the Federal OSHA standard on Hazard Communication for  
construction. The rule is being revised to adopt by reference the revised OSHA standard to be  
as effective as the Federal regulation. Consequently, this rule revision is being promulgated  
under APA Section 44(2).  
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 Reorganization Order No. 2019-1, MCL 324.99923.  
MCL 24.239  
;