Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
[email protected]  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Labor and Economic Opportunity  
2. Bureau:  
MIOSHA  
3. Promulgation type:  
MCL 24.244 (1)  
4. Title of proposed rule set:  
Part 505, Coronavirus Disease 2019 (COVID-19) for Healthcare  
5. Rule numbers or rule set range of numbers:  
R 408.1 - R 408.2  
6. Estimated time frame:  
3 months  
Name of person filling out RFR:  
Heather Albert  
E-mail of person filling out RFR:  
AlbertH@michigan.gov  
Phone number of person filling out RFR:  
5172847738  
Address of person filling out RFR:  
Stevens T. Mason Building  
505 W. Allegan  
Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
These rules were previously promulgated by the Director of the Michigan Department of Labor  
and Economic Opportunity to establish requirements for employers to control and prevent novel  
coronavirus disease (COVID-19) among employees in the healthcare industry who have exposure  
to persons confirmed or suspected to have COVID-19.  
The United States Department of Labor, Occupational Safety and Health Administration has since  
withdrawn the standards adopted by this ruleset. To address this issue, R 408.1 and R 408.2 are  
being rescinded.  
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.).  
Sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154,  
MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Nos.  
1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011,  
445.2025, 445.2030, and 125.1998.  
MCL 24.239  
RFR-Page 2  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
These rules were previously mandated by the United States Department of Labor, Occupational  
Safety and Health Administration (OSHA), 29 CFR 1902 Subpart B, “Criteria for State Plans.”  
The standards adopted by R 408.1 to R 408.2 have been withdrawn by the United States  
Department of Labor, Occupational Safety and Health Administration, so the adoption of the  
standards has sunset pursuant to R 408.2 and these rules are being rescinded.  
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 do not conflict with or duplicate similar rules, compliance requirements, or other  
standards adopted at the state, regional, or federal level. The standards adopted by these rules have  
been withdrawn by the United States Department of Labor, Occupational Safety and Health  
Administration.  
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?  
Yes, the rules are 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 (1)  
A. Explain why the rules are being promulgated under 24.244.  
The proposed rules will be promulgated under section 44(1) of the Administrative Procedures Act  
of 1969, 1969 PA 306, MCL 24.244. These rules are being promulgated under MCL 24.244 (1) as  
this is a rescission of a rule that is obsolete, as the United States Department of Labor,  
Occupational Safety and Health Administration has withdrawn the standards adopted by this  
ruleset.  
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  
;