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Michigan Statutes, Title 408

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Michigan/Statutes

← All Michigan coverage

Title 408, LABOR

56 chapters · 325 sections in this title.

All chapters in Title 408325 Ch 154-of-1974, MICHIGAN OCCUPATIONAL SAFETY AND HEA…60 Ch 10-of-2023, PREVAILING WAGES ON STATE PROJECTS28 Ch 199-of-1962, SKI AREA SAFETY ACT OF 196225 Ch 227-of-1967, ELEVATOR SAFETY BOARD25 Ch 390-of-1978, PAYMENT OF WAGES AND FRINGE BENEFITS22 Ch 337-of-2018, IMPROVED WORKFORCE OPPORTUNITY WAGE ACT19 Ch 138-of-2014, WORKFORCE OPPORTUNITY WAGE ACT18 Ch 225-of-1966, CARNIVAL-AMUSEMENT SAFETY ACT OF 196617 Ch 338-of-2018, EARNED SICK TIME ACT15 Ch 491-of-2006, MICHIGAN WORKS ONE-STOP SERVICE CENT…13 Ch 219-of-1994, MICHIGAN COMMUNITY SERVICE COMMISSION12 Ch 72-of-1937, DIVISION ON DEAF, DEAFBLIND, AND HAR…10 Ch 98-of-2011, FAIR AND OPEN COMPETITION IN GOVERNM…9 Ch 609-of-1978, FULL EMPLOYMENT PLANNING ACT OF 19789

325 sections·Filtered byTitle 408✕

Mich. Comp. Laws § 408.1009 Legislative declaration.
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Sec. 9. The safety, health, and general welfare of employees are primary public concerns. The legislature hereby declares that all employees shall be provided safe and healthful work environments free of recognized hazards.
Mich. Comp. Laws § 408.1011 Duties of employer.
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Sec. 11. An employer shall: (a) Furnish to each employee, employment and a place of employment that is free from recognized hazards that are causing, or are likely to cause, death or serious physical harm to the employee. (b) Comply with this act and with the rules and standards …
Mich. Comp. Laws § 408.1012 Duties of employee.
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Sec. 12. An employee shall: (a) Comply with rules and standards promulgated, and with orders issued pursuant to this act. (b) Not remove, displace, damage, destroy, or carry off a safeguard furnished or provided for use in a place of employment, or interfere in any way with the u…
Mich. Comp. Laws § 408.1013 Administration and enforcement; reports.
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Sec. 13. (1) The department of labor shall administer and enforce the provisions of this act relative to occupational safety. (2) The department of public health shall administer and enforce the provisions of this act relative to occupational health. (3) The department of labor a…

Showing 101–150 of 325

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Mich. Comp. Laws § 408.1014 Federal standards incorporated by reference; force and effect; conflicts; copies of standard; processing proposed rule substantially similar to federal standard; clear and convincing need for standard; compliance with administrative procedures act of 1969; inapplicability to MCL 408.1014r.

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Sec. 14. (1) Except as otherwise provided in subsection (3), the occupational safety and health standards that have been adopted or promulgated by the United States Department of Labor under the occupational safety and health act of 1970, Public Law 91-596, 84 Stat 1590, and that…

Mich. Comp. Laws § 408.1014a Occupational safety and health hazard communication standard; incorporation by reference; applicability of standard; conflicting provisions; administration and enforcement of standards; duties of employers.

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Sec. 14a. (1) The occupational safety and health hazard communication standard that has been adopted or promulgated by the United States department of labor and has been codified at 29 CFR 1910.1200 as of May 25, 2012 is incorporated by reference and has the same force and effect…

Mich. Comp. Laws § 408.1014b Disclosure of specific chemical identity, percentage composition, or both.

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Sec. 14b. In nonemergency situations, a chemical manufacturer, importer, or employer claiming a trade secret, upon request, shall disclose a specific chemical identity, percentage composition, or both, otherwise permitted to be withheld under the standard incorporated by referenc…

Mich. Comp. Laws § 408.1014c Identification of pipes and piping systems in workplace; establishment of pipe and stationary process container entry procedure; applicable provisions.

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Sec. 14c. Pipes or piping systems in a workplace that contain a hazardous chemical shall be identified to an employee by a label or by a sign, placard, written operating instructions, process sheet, batch ticket, or a substance identification system that conveys the same informat…

Mich. Comp. Laws § 408.1014d Trade secret claims; petition; review; confidentiality; determination; final order; revocation of order; hearing; exemption of records and information from disclosure under freedom of information act; providing director with specific chemical identity and percentage composition of hazardous chemical.

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Sec. 14d. (1) Upon request of the director, an employer who claims a trade secret under the standard incorporated by reference by section 14a shall support the trade secret claim. Subject to subsection (2), the director shall consider the following factors in determining whether …

Mich. Comp. Laws § 408.1014e Public service announcements.

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Sec. 14e. In order to educate employers, employees, and the public about the hazards of exposure to hazardous chemicals and the requirements of the occupational safety and health hazard communication standard incorporated by reference in section 14a and the requirements of sectio…

Mich. Comp. Laws § 408.1014f Employer engaged in agricultural operations; certifying list of chemicals.

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Sec. 14f. (1) An employer engaged in agricultural operations is not required to comply with the standard incorporated by reference in section 14a or sections 14b to 14l for a hazardous chemical that is regulated under the federal insecticide, fungicide, and rodenticide act, chapt…

Mich. Comp. Laws § 408.1014g Chemical in sealed package in transit by common carrier.

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Sec. 14g. An employer is not required to comply with the standard incorporated by reference in section 14a or with sections 14b to 14l with respect to a chemical in a sealed package and in transit by a common carrier if the seal remains intact while in transit.

Mich. Comp. Laws § 408.1014h Employer engaged in construction operations.

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Sec. 14h. An employer engaged in construction operations may satisfy the requirements of the standard incorporated in section 14a and sections 14b to 14l that a safety data sheet be maintained for each hazardous chemical in the workplace by maintaining safety data sheets in 1 or …

Mich. Comp. Laws § 408.1014i Plan for executing responsibilities of organized fire department.

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Sec. 14i. The chief of each organized fire department shall prepare and disseminate to each fire fighting employee of the organized fire department a plan for executing the department's responsibilities with respect to each site within the organized fire department's jurisdiction…

Mich. Comp. Laws § 408.1014j Signs throughout workplace; contents.

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Sec. 14j. An employer subject to the standard incorporated by reference in section 14a and to sections 14b to 14l shall post signs throughout the workplace advising employees of all of the following: (a) The location of the safety data sheets for the hazardous chemicals produced …

Mich. Comp. Laws § 408.1014k Safety data sheets for hazardous chemicals in workplace; organization; training employees; notice of new or revised sheets.

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Sec. 14k. (1) An employer who is subject to the standard incorporated by reference in section 14a and to sections 14b to 14l shall organize the safety data sheets for the hazardous chemicals in the workplace in a systematic and consistent manner and shall train employees in locat…

Mich. Comp. Laws § 408.1014l Failure to provide exposed employee with access to most current safety data sheet.

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Sec. 14l. The failure of an employer who is subject to the standard incorporated by reference in section 14a and to this section and sections 14b to 14k to provide an exposed employee with access to the most current safety data sheet available to the employer shall not be conside…

Mich. Comp. Laws § 408.1014m Conflicting provisions unenforceable.

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Sec. 14m. The standard incorporated by reference in section 14a and sections 14b to 14 l occupy the entire field of regulation of occupational safety and health with respect to hazardous chemicals in the workplace. Except as specifically provided in this act, any provision of any…

Mich. Comp. Laws § 408.1014n Federal occupational safety and health field sanitation standard; incorporation by reference; effect; providing potable water, toilet facility, and hand washing facility for agricultural employees; administration and enforcement of incorporated standard; copies of standard.

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Sec. 14n. (1) Except as provided in subsections (2) and (3), the occupational safety and health field sanitation standard that has been adopted or promulgated by the United States department of labor and has been codified at 29 C.F.R. 1928.110 as of April 1, 1991 is incorporated …

Mich. Comp. Laws § 408.1014r Use of firefighting foam concentrate (PFAS); rules.

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Sec. 14r. (1) The director shall promulgate rules regarding a firefighter's use of firefighting foam concentrate. The rules may only include the following: (a) The best practices regarding proper use, handling, and storage of firefighting foam concentrate. (b) The best health pra…

Mich. Comp. Laws § 408.1016 Promulgation, expression, and adoption of standards by director.

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Sec. 16. The director may promulgate standards in accordance with this act to prevent accidents in places of employment and to protect the life and safety of employees. If another state agency has rules promulgated before the effective date of this act that regulate a place of em…

Mich. Comp. Laws § 408.1017 Workplace ergonomics; promulgation of rules prohibited; federal rules or guidelines; "workplace ergonomics" defined.

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Sec. 17. (1) A department, board, or commission authorized to promulgate rules under this act shall not promulgate a rule or establish a standard regarding workplace ergonomics. This subsection does not apply to the adoption by reference of a federal workplace ergonomics rule. (2…

Mich. Comp. Laws § 408.1019 Promulgation of standards by director.

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Sec. 19. The director may promulgate construction safety standards in accordance with this act and based upon, but not limited to, generally accepted nationwide engineering standards and practices designed to prevent accidents and to protect the life and safety of employees engag…

Mich. Comp. Laws § 408.1021 Continuation of safety standards; emergency safety standards; promulgation of approved standard.

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Sec. 21. (1) Standards promulgated by the former general industry safety standards commission and standards promulgated by the former construction safety standards commission under this act that are in effect on the effective date of the amendatory act that repealed section 15 of…

Mich. Comp. Laws § 408.1024 Continuation of occupational health standards; promulgation; requirements for standard; emergency standard; contents of standard; availability and costs of medical examination or test; religious objection.

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Sec. 24. (1) Standards governing occupational health promulgated by the director of public health that are in effect on the effective date of the amendatory act that repealed section 23 of this act are continued under section 31 of the administrative procedures act of 1969, 1969 …

Mich. Comp. Laws § 408.1027 Temporary order granting variance from standard; rule or order for variance from standard.

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Sec. 27. (1) An employer may apply to the department of labor or the department of public health for a temporary order granting a variance from a standard or a provision thereof. A temporary order shall be granted only if the employer files an application which meets the requirem…

Mich. Comp. Laws § 408.1028 Violation of standard threatening physical harm; request for inspection; notice; determination; notification of condition presenting imminent danger; notification of violation of act or rule; inspection; confidentiality; procedures for informal review of decision; statement of final disposition; right to attend meetings.

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Sec. 28. (1) An employee or employee representative, who believes that a violation of a standard exists that threatens physical harm to an employee, may request an inspection by giving written notice of the condition to the appropriate department. The notice shall set forth with …

Mich. Comp. Laws § 408.1029 Inspection and investigations; right of entry; warrant; witnesses; evidence; right of accompaniment; advance notice; tests and samples; evaluation; confidentiality of trade secrets; conference; liability for damages; discrimination prohibited; “wages and fringe benefits” defined.

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Sec. 29. (1) To implement this act, a department representative, upon presenting appropriate credentials, may enter without delay, and at reasonable times, a place of employment to physically inspect or investigate conditions of employment and all pertinent conditions, equipment,…

Mich. Comp. Laws § 408.1030 Safety and health inspector at site of tunnel, shaft, caisson, or cofferdam; qualifications; powers and duties; cost of wages and fringe benefits; advising of and publishing regular and overtime rates; tunnel construction activity exceeding 60 hours per week; employer's responsibility not diminished.

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Sec. 30. (1) The department of labor shall provide a full-time safety and health inspector at the site where a tunnel, shaft, caisson, or cofferdam is constructed or repaired under pressurized conditions. The inspector shall: (a) Have training and experience in, and knowledge of,…

Mich. Comp. Laws § 408.1031 Determination of imminent danger; notice; order; tagging equipment or process; removal of tag; on site review; recommendation; discrimination prohibited; noncompliance with order; petition to restrain condition or practice; action against department; response to imminent danger complaint; opportunity to identify, label, or provide safety data sheet for container.

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Sec. 31. (1) When and as soon as a department representative determines that an imminent danger exists in a place of employment, the department representative shall inform the employer and the affected employees of a determination of the imminent danger. The department representa…

Mich. Comp. Laws § 408.1033 Citation for violation; issuance; contents; presentation; mailing; posting; notification of compliance; failure to correct violation; notice in place of citation; rules; vacating citation.

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Sec. 33. (1) If, as the result of an inspection or investigation, the department representative believes that an employer has violated this act, an order issued pursuant to this act, or a rule or standard promulgated pursuant to this act, he or she shall issue a citation immediat…

Mich. Comp. Laws § 408.1035 Violations; civil and criminal penalties.

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Sec. 35. (1) If an employer receives a citation for a serious violation of this act, an order issued pursuant to this act, or a rule or standard promulgated under this act, the board shall assess the employer a civil penalty of not more than $7,000.00 for each violation. (2) If a…

Mich. Comp. Laws § 408.1035a.added Violations; civil and criminal penalties.

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Sec 35a. (1) An employer who receives a citation for a serious violation of this act, an order issued pursuant to this act, or a rule or standard promulgated under this act shall be assessed a civil penalty of not more than $1,000.00 for each violation. (2) An employer who fails …

Mich. Comp. Laws § 408.1036 Civil penalties; assessment; asbestos-related violations; payment; recovering unpaid penalty.

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Sec. 36. (1) The board shall assess civil penalties, considering the size of the business, the seriousness of the violation, the good-faith efforts of the employer, and the history of previous citations, and may establish a schedule of civil penalties. Subject to subsection (2), …

Mich. Comp. Laws § 408.1037 Evidence and investigation of criminal violation.

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Sec. 37. The department shall turn over evidence of a criminal violation of this act to the department attorney and shall assist in the investigation of a criminal violation.

Mich. Comp. Laws § 408.1041 Granting additional time for compliance, modification, or dismissal of citation and penalty; petition; procedure; effect of failure to petition; action by department; notice; finality of decision; appeal to board.

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Sec. 41. Within 15 working days after receipt of a citation and proposed penalty, if any, an employer may petition the appropriate department for a grant of additional time for compliance, modification, or dismissal of the citation and a proposed penalty. Within 15 working days a…

Mich. Comp. Laws § 408.1042 Hearing; order; rules of procedure; report of hearing officer.

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Sec. 42. Upon receipt of a notice from an employer, employee, or an employee representative that the employer wishes to appeal the department's decision relative to a citation, abatement period, or proposed penalty or fine, or that an employee or an employee representative wishes…

Mich. Comp. Laws § 408.1043 Hearing; conduct of proceedings.

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Sec. 43. Proceedings in a hearing shall be conducted in accordance with the procedures applicable to the trial of contested cases under Act No. 306 of the Public Acts of 1969, as amended.

Mich. Comp. Laws § 408.1044 Review of report of hearing officer; powers of board; order affirming or modifying abatement requirements; judicial review of order or standard.

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Sec. 44. (1) In reviewing a report of a hearing officer, the board by a vote of not less than a majority of its members may: (a) Dismiss the citation. (b) Modify the citation. (c) Modify the abatement time of the citation. (d) Issue a final order sustaining the citation, the abat…

Mich. Comp. Laws § 408.1045 Cease operation order; enforcement proceedings.

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Sec. 45. If an employer fails to comply with a final order of the board, the department may issue an order directing the employer to cease operating or render inoperable, in accordance with the order of the department, so much of his operation as is necessary to eliminate the haz…

Mich. Comp. Laws § 408.1046 Board of health and safety compliance and appeals; creation; appointment, qualifications, and terms of members; chairman; vacancy; scope of authority; meetings; quorum; prerequisite to official action; compensation and expenses; hearing; evidence; fees; rules; construction and application of identical state and federal standards.

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Sec. 46. (1) A board of health and safety compliance and appeals is created within the department of labor. The board of health and safety compliance and appeals consists of 7 members appointed by the governor by and with the advice and consent of the senate for terms of 4 years …

Mich. Comp. Laws § 408.1048 Conducting business at public meeting; notice.

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Sec. 48. The business which a board, commission, or committee created pursuant to this act may perform shall be conducted at a public meeting of the board, commission, or committee held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of …

Mich. Comp. Laws § 408.1052 Department attorney as representative of departments, board, and commissions in litigation; board not considered party in judicial review proceeding.

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Sec. 52. (1) The department attorney shall represent the department of labor, the department of public health, and the board and commissions established under this act in any litigation under this act. (2) The board shall not be considered to be a party in a judicial review proce…

Mich. Comp. Laws § 408.1054 Safety education and training division; creation; functions; newsletter; statement as to standard, rule, or order.

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Sec. 54. (1) A safety education and training division is created within the department of licensing and regulatory affairs. (2) The functions of the safety education and training division shall include: (a) The development and application of a statewide safety education and train…

Mich. Comp. Laws § 408.1055 Safety education and training fund.

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Sec. 55. (1) A safety education and training fund is created. Except as provided in subsection (2), the fund shall be used to accomplish the objectives outlined in sections 54 and 56. The state treasurer shall be custodian of the fund and may invest the surplus of the fund in inv…

Mich. Comp. Laws § 408.1056 Occupational health education and training program.

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Sec. 56. The department of public health shall conduct an occupational health education and training program with employees and employers for the prevention of occupational health hazards, to achieve long-range solutions to occupational health problems, and to train persons in th…

Mich. Comp. Laws § 408.1061 Records and reports of work illnesses and injuries; access to records by employee; notice to employee of exposure and corrective action; federal requirements not negated.

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Sec. 61. (1) An employer shall make, keep, and preserve accurate and timely records and reports of work illnesses and injuries and report the information to the appropriate department in a form and in accordance with rules promulgated by the departments under authority of this ac…

Mich. Comp. Laws § 408.1063 Confidentiality of trade secrets; protection; rules; orders; information available to public; identity of employee exempt from disclosure.

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Sec. 63. (1) Information reported to or otherwise obtained by the department of licensing and regulatory affairs in connection with an inspection, investigation, or proceeding under this act that contains or that might reveal a trade secret, including information required to be m…

Mich. Comp. Laws § 408.1065 Discharging or discriminating against employee prohibited; complaint; investigation; order; notice; review; finality of determination; parties; hearings officers; conduct of proceedings; determination as final disposition; judicial review; venue; civil action to enforce order; powers of director of labor.

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Sec. 65. (1) A person shall not discharge an employee or in any manner discriminate against an employee because the employee filed a complaint or instituted or caused to be instituted a proceeding under or regulated by this act or has testified or is about to testify in such a pr…

Mich. Comp. Laws § 408.1067 Posting requirements; warning labels.

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Sec. 67. (1) Where posting is required by this act, except for citations, the posting shall be centrally and conspicuously located with respect to all affected employees. If there is no place central to all affected employees, posting shall take place in as many locations as nece…