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 (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:  
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.  
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).  
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.).  
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, 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  
Order No. 2019-6.  
MCL 24.239  
;