Michigan Administrative Code

R 408.14943 Sling testing. Rule 4943. All new and repaired metal mesh slings, including handles, shall not be used unless proof tested by the manufacturer at a minimum of 1 1/2 times their rated capacity. Elastomer impregnated slings shall be proof tested before coating. History:…

R 408.14944 Sling use; safe operating temperatures. Rule 4944. (1) A metal mesh sling shall not be used to lift loads in excess of their rated capacities. (2) A sling shall be used only in accordance with the manufacturer's recommendations. (3) A metal mesh sling which is not imp…

R 408.14945 Removal from service; repairs; records. Rule 4945. (1) A metal mesh sling shall be immediately removed from service if any of the following conditions are present: (a) A broken weld or broken brazed joint along the sling edge. (b) Reduction in wire diameter of 25% due…

R 408.14951 Sling use; rated capacity; diameter of curvature; safe operating temperatures. Rule 4951. (1) A fiber rope sling made from conventional 3 strand construction fiber rope shall not be used with a load in excess of the rated capacities. (2) A fiber rope sling shall have …

R 28.14951 Definitions. Rule 1. (1) As used in these rules: (a) "Act" means the public safety officers benefit act, 2004 PA 46, MCL 28.631 et seq. (b) "Catastrophic injury" means consequences of an injury that permanently prevent an individual from performing any gainful work. (c…

R 408.14952 Splicing. Rule 4952. A spliced fiber rope sling shall not be used unless it has been spliced in accordance with the following minimum requirements and in accordance with any additional recommendations of the manufacturer: (a) In manila rope, an eye splice shall consis…

R 28.14952 Claim; forms; deadline. Rule 2. (1) Claims for benefits under the act shall be submitted on the form or in the manner prescribed by the commission. A claim for a benefit resulting from the death of a public safety officer shall be filed within 1 year after the date of …

R 408.14953 End attachments. Rule 4953. A fiber rope sling shall not be used if an end attachment in contact with the rope has a sharp edge or projection. History: 1979 AC; 2014 AACS.

R 28.14953 Persons executing claims. Rule 3 (1) The commission shall determine who is the proper party to execute a claim as follows: (a) The claim shall be executed by the claimant or the claimant's legally designated representative if the claimant is mentally competent and phys…

R 28.14954 Reasonable doubt of coverage. Rule 4 (1) The commission shall resolve any reasonable doubt arising from the circumstances of the officer's death or permanent and total disability in favor of payment of the death or disability benefit. Page 4 Courtesy of www.michigan.go…

R 408.14954 Removal from service; prohibition. Rule 4954. (1) A natural and synthetic fiber rope sling shall be immediately removed from service if any of the following conditions are present: (a) Abnormal wear. (b) Powdered fiber between strands. (c) Broken or cut fibers. (d) Va…

R 28.14955 Evidence. Rule 5 (1) A claimant for a benefit under the act shall submit evidence of eligibility or other material facts as specified in these rules. The commission may require at any time additional evidence to be submitted with regard to entitlement, the right to rec…

R 28.14956 Findings of state, local, and federal agencies; determination. Rule 6 (1) The commission shall give substantial weight to the evidence and findings of fact from state, local, and federal administrative and investigative agencies. The commission shall request additional…

R 28.14957 Heart attack or stroke. Rule 7 (1) If a public safety officer dies as the direct and proximate result of a heart attack or stroke, the officer shall be presumed to have died as the direct and proximate result of a personal injury sustained in the line of duty, if the f…

R 28.14958 Death or permanent and total disability; intent. Rule 8. The commission shall consider at least all of the following factors in determining whether the officer intended to bring about the officer's own death or injury: (a) Whether the death or permanent and total disab…

R 28.14959 Voluntary intoxication. Rule 9 The commission shall apply the following evidentiary factors in cases in which voluntary intoxication is at issue in an officer's death or permanent and total disability. (a) The primary factor in determining intoxication at the time the …

R 28.14960 Relationship of spouse; determination. Rule 10. (1) Marriage shall be established by 1 or more of the following types of evidence in the following order of preference: (a) A copy of the public record of marriage, certified or attested, or by an abstract of the public r…

R 28.14961 Relationship of child; determination. Rule 11. (1) In general, a claimant is the child of a public safety officer if the individual's birth certificate shows the officer as the individual's parent. (2) If the birth certificate does not show the public safety officer as…

R 408.14961 Marking or coding rated capacities. Rule 4961. Each sling shall be marked or coded to show the rated capacities for each type of hitch and type of synthetic web material. History: 1979 AC; 2014 AACS.

R 28.14962 Determination of dependency. Rule 12. (1) To be eligible for a death benefit under the act, a stepchild not living with the deceased officer at the time of the officer's death or other dependent individual shall demonstrate that he or she was substantially reliant for …

R 408.14962 Webbing size and edges. Rule 4962. Synthetic webbing shall be of uniform thickness and width, and selvage edges shall not be split from the webbing's width. History: 1979 AC; 2014 AACS. Page 17 Courtesy of Michigan Administrative Rules

R 408.14963 Fittings. Rule 4963. (1) Fittings shall be both of the following: (a) Of a minimum breaking strength equal to that of the sling. (b) Free of all sharp edges that could in any way damage the webbing. (2) Stitching shall be the only method used to attach end fittings to…

R 28.14963 Representation. Rule 13. A claimant may be represented in any proceeding before the commission by an attorney or other person authorized to act on behalf of the claimant pursuant to R 28.14953. A contract for a stipulated fee or for a fee on a contingent basis shall no…

R 408.14964 Use; safe operating temperatures. Rule 4964. (1) When a synthetic web sling is used, the following precautions shall be taken: (a) A nylon web sling shall not be used where fumes, vapors, sprays, mists, or liquids of acids or phenolics are present. (b) A polyester and…

R 28.14964 Finding of eligibility or ineligibility; notice to legislature. Rule 14. (1) Upon making a finding of eligibility, the commission shall notify each claimant of its disposition of his or her claim. In those cases where the commission has found the claimant to be ineligi…

R 408.14965 Removal from service; repairs; certificate of proof test; prohibition. Rule 4965. (1) A synthetic web sling shall be immediately removed from service if any of the following conditions are present: (a) Acid or caustic burns. (b) Melting or charring of any part of the …

R 28.14966 Payment of benefits; limitations. Rule 16. (1) As provided in the act, payment of benefits is subject to appropriation by the legislature of money necessary to make the payment. (2) Claims for benefits shall be paid in the order in which the commission determines the e…

R 408.15001 Adoption of standards by reference. Rule 5001. (1) The federal Occupational Safety and Health Administration (OSHA) regulation 29 C.F.R. §1910.268 “Telecommunications,” as amended November 18, 2016, is adopted in these rules, except as noted in this rule. (2) The subr…

R 408.15002 Applicability. Rule 5002. Operations or conditions not specifically covered by these rules are subject to all the applicable standards promulgated by the Michigan Occupational Safety and Health Act (MIOSHA). History: 2005 AACS; 2015 AACS.

R 408.15003 Employer responsibility. Rule 5003. Where personal protective equipment is required by 29 C.F.R. §1910.268 “Telecommunications,” as adopted in these rules, the personal protective equipment shall be provided as prescribed in General Industry Safety and Health Standard…

R 408.15004 Availability of documents. Rule 5004. (1) The federal regulations 29 C.F.R. §1910.268 “Telecommunications,” as amended November 18, 2016, as adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration …

R 408.15101 Scope and application. Rule 5101. (1) These rules establish safety practices, means, methods, and operations for all types of logging, regardless of the end use of the wood, including pulpwood and timber harvesting and the logging of sawlogs, veneer bolts, poles, pili…

R 339.15101 Definitions. Rule 101. (1) As used in these rules: (a) “CACB” means the Canadian Architectural Certification Board. (b) “Code” means the occupational code, 1980 PA 299, MCL 339.101 to 339.2677. (c) “Continuing education” means an instructional course or activity in an…

R 408.15102 Adopted and referenced standards. Rule 5102. (1) The following standards are adopted by reference in these rules and are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website:…

R 408.15105 Definitions; A to C. Rule 5105. (1) "Approved" means, unless otherwise indicated, approval or listing by either underwriters laboratories, incorporated, or factory mutual engineering corporation. (2) "Approved container" means an approved metal or nonmetallic containe…

R 339.15105 Rescission. Rule 105. R 338.551 to R 338.563 and R 338.581 to R 338.588 of the Michigan Administrative Code, appearing on pages 2446 to 2453 of the 1979 Michigan Administrative Code, are rescinded insofar as these rules pertain to architects. History: 1985 AACS. PART …

R 408.15106 Definitions; D to H. Rule 5106. (1) "Danger tree" means a standing tree that presents a hazard to an employee due to conditions such as deterioration or physical damage to the root system, trunk, stem, or limbs, and the direction and lean of the tree. (2) "Debarker" m…

R 408.15107 Definitions; L to P. Rule 5107. (1) "Limb" or "limbing" means the act of cutting the limbs from felled or standing trees. (2) "Limber" means a person or machine that limbs (3) "Loader" means a mechanical device that loads logs. (4) "Lodged tree" means a tree that is p…

R 408.15108 Definitions R to Y. Rule 5108. (1) "Rated capacity" means the maximum load that a system, vehicle, machine, or piece of equipment was designed by the manufacturer to handle. (2) "Root wad" means the ball of a tree root and dirt that is pulled from the ground when a tr…

R 408.15111 Rules; employer's duties. Rule 5111. An employer shall review these rules with each new employee. History: 1979 AC; 2017 MR 4, Eff. Mar. 2, 2017.

R 408.15112 New jobs; employer's duties. Rule 5112. Before an employee starts work on a new job, an employer shall do all of the following: (a) Familiarize the employee with the type of work to be performed in the job. (b) Instruct the employee in the safeguards and hazards of th…

R 408.15113 Supervision, maintenance, and inspection by employers. Rule 5113. An employer shall do all of the following: (a) Provide supervision necessary to enforce compliance with these rules. (b) Maintain buildings, equipment, and workplaces in a safe and orderly condition. (c…

R 408.15114 Injuries, first aid, and first aid training. Rule 5114. (1) An employer shall provide first aid kits at each worksite where trees are being cut, at each active landing, and on each employee transport vehicle. The number of first aid kits and the content of each kit sh…

R 408.15116 Employees; general duties. Rule 5116. An employee shall do all of the following: (a) Abide by the safety procedures pertaining to the job as prescribed by the employer and comply with these rules. (b) Examine the work area and equipment that is going to be used before…

R 408.15117 Environmental conditions. Rule 5117. (1) All work shall stop and employees shall be moved to a place of safety when environmental conditions, such as, but not limited to, electrical storms, strong winds which may affect the fall of a tree, heavy rain or snow, extreme …

R 408.15118 Fire prevention. Rule 5118. (1) Smoking or an open flame is prohibited within 10 feet of an engine being refueled. (2) Refueling shall not be done in an area where conditions are conducive to fire. (3) An approved fire extinguisher, as prescribed in the General Indust…

R 408.15119 Training. Rule 5119. (1) An employer shall provide training for each employee, including supervisors, at no cost to the employee. (2) The training shall be provided as follows: (a) As soon as possible after July 2, 1996, initial training for each current and new emplo…