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:  
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 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 due to a previous clerical error that omitted appendices A and C,  
which must be included to be at least as effective as the United States Department of Labor,  
Occupational Safety and Health Administration (OSHA).  
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 408.1016, 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.  
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.  
These rules are being promulgated under MCL 24.244 to be at least 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.  
These rules are being promulgated under MCL 24.244(2) to be as effective as United States  
Department of Labor, Occupational Safety and Health Administration (OSHA), as required by  
the Williams-Steiger Occupational Safety and Health Act of 1970. The rules do not exceed  
similar regulations, compliance requirements, or other standards adopted at the state, regional,  
or federal level.  
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  
;