DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

CONSTRUCTION SAFETY AND HEALTH STANDARD

Filed with the secretary of state on

These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.

(By authority conferred on the director of the department of labor and economic opportunity by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and 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)

R 408.40617 and R 408.40631 of the Michigan Administrative Code are amended, as follows:

PART 6. PERSONAL PROTECTIVE EQUIPMENT

R 408.40617  Employer’s and employee’s responsibilities.

  Rule 617. (1) An employer shall not permit allow defective or damaged personal protective equipment to be used.

  (2) An employer shall require each employee to wear personal protective equipment as prescribed by the manufacturer when required by any Michigan occupational safety and health act (MIOSHA) rule standard.

  (3) If personal protective equipment is required and is worn in direct contact with the skin, the equipment shall must be sanitized before being reissued to another employee.

  (4) An employer shall require the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions or where this part indicates the need for using such equipment to reduce the hazards to the employees.

  (5) All personal protective equipment shall be of safe design and constructed for the work to be performedEmployers shall ensure that all personal protective equipment complies with both of the following:

   (a) Is of safe design and constructed for the work to be performed.

   (b) Is selected to ensure that it properly fits each affected employee.

FALL PROTECTION

R 408.40631  Fall protection.

   Rule 631. An employer shall ensure that each employee whose fall protection is not covered by another MIOSHA safety standard, and the employee’s work area is more than 6 feet above the ground, floor, water, or other surface, shall be is protected as prescribed in Construction Safety Standard Part 45. “Fall Protection.”  The following systems are included in Construction Safety Standard Part 45. “Fall Protection:”:

    (a) Guardrail systems.

    (b) Safety net systems.

    (c) Personal fall arrest systems.