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:  
Construction Safety Part 6. Personal Protective Equipment  
5. Rule numbers or rule set range of numbers:  
R 408.40601 - R 408.40660  
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 6, Personal Protective Equipment gives direction to  
employers and employees on protecting Michigan employees from safety and health hazards in the  
construction workplace when personal protective equipment is involved.  
OSHA has amended the personal protective equipment (PPE) standard for construction, 29 CFR  
1926.95(c), to explicitly state that PPE must fit properly. This revision will align the language in the  
PPE standard for construction with the corresponding language in OSHA's PPE standards for general  
industry and shipyards and affirm OSHA's interpretation of its PPE standard for construction as  
requiring properly fitting PPE. Properly fitting PPE is a critical element of an effective occupational  
safety and health program. PPE must fit properly to provide appropriate protection to employees from  
workplace hazards. Improperly fitting PPE may fail to provide any protection to an employee, reduce  
the effectiveness of protection, present additional hazards, or discourage employees from using such  
equipment in the workplace.  
MIOSHA is amending these rules to be at least as effective as the standards adopted by the United  
States Department of Labor, Occupational Safety and Health Administration (OSHA) which is within  
the U.S. Department of Labor, “Personal Protective Equipment (PPE)”, 29 CFR § 1926.95(c).  
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.  
MCL 24.239  
RFR-Page 2  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
The Michigan Occupational Safety and Health Act, 1974 PA 145, MCL 408.1014, MCL  
408.1016, MCL 408.1019, MCL 408.1021, and MCL 408.1024. Executive Reorganization Order  
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.  
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 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 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?  
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 as rules to be processed for  
the current year.  
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  
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