DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
DIRECTOR’S OFFICE
MIOSHA ADMINISTRATIVE 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 department of labor and economic opportunity by section 69 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1069, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)
R 408.22103, R 408.22141, R 408.22141a, and R 408.22157 of the Michigan Administrative Code are amended and R 408.22160, R 408.22161, and R 408.22162 are added, as follows:
PART 11. RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES
R 408.22103 Exceptions; applicability; petitions.
Rule 1103. (1) Both of the following provisions apply to exemptions based on employee numbers and industry classifications:
(a) If your company had 10 or fewer employees at all times during the last calendar year, you do not need to keep MIOSHA injury and illness records unless MIOSHA, the United States Bureau of Labor Statistics (BLS), or the United States Department of Labor Occupational Safety and Health Administration (OSHA), informs you, in writing, that you must keep records according to R 408.22141, R 408.22141a, R 408.22141b, or R 408.22142. However, as required by R 408.22139, all employers covered by the act shall report to MIOSHA any workplace incident that results in a fatality, inpatient hospitalization, amputation, or loss of an eye.
(b) If your company had more than 10 employees at any time during the last calendar year, you must keep MIOSHA injury and illness records unless your establishment is classified as a partially exempt industry under this rule.
(2) Both of the following provisions apply to implementation of employee number-based exemptions:
(a) Is the partial exemption for size based on the size of my entire company or on the size of an individual business establishment? The partial exemption for size is based on the number of employees in the entire company.
(b) How do I determine the size of my company to find out if I qualify for the partial exemption for size? To determine if you are exempt because of size, you must determine your company's peak employment during the last calendar year. If you did not have more than 10 employees at any time in the last calendar year, then your company qualifies for the partial exemption for size.
(3) Both of the following provisions apply to basic requirements for partial exemption for establishments in certain industries:
(a) If your
business establishment is classified in a specific industry group listed in
Appendix A of R 408.22160, you do not need to keep MIOSHA injury and
illness records unless MIOSHA, the United States Bureau of Labor Statistics
(BLS), or the United States Department of Labor Occupational
Safety and Health Administration (OSHA), informs you, in writing,
that you must keep the records according to R 408.22141, R 408.22141a, R
408.22141b, or R 408.22142. However, all employers must report to MIOSHA any
workplace incident that results in an employee’s fatality, inpatient
hospitalization, amputation, or loss of an eye as required by R 408.22139.
(b) If 1 or
more of your company's establishments are classified in a nonexempt industry,
then you must keep MIOSHA injury and illness records for all of such the
establishments unless your company is partially exempted because of size
under these rules.
(4) Is the partial industry classification exemption based on the industry classification of my entire company or on the classification of individual business establishments operated by my company? The partial industry classification exemption applies to individual business establishments. If a company has several business establishments engaged in different classes of business activities, some of the company’s establishments may be required to keep records, while others may be partially exempt.
(5) How do I determine the correct North American Industry Classification System (NAICS) code for my company or for individual establishments? You may determine your NAICS code by using 1 of the following methods, or you may contact your nearest OSHA office or state agency for help in determining your NAICS code:
(a) You may use
the search feature at the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/http://www.census.gov/naics/.
In the search box for the most recent NAICS, enter a keyword that describes
your kind of business. A list of primary business activities containing that
keyword and the corresponding NAICS codes will appear. Choose the 1 code that
most closely corresponds to your primary business activity, or refine
your search to obtain other choices.
(b) Rather than searching through a list of primary business activities, you may also view the most recent complete NAICS structure with codes and titles by clicking on the link for the most recent NAICS on the U.S. Census Bureau NAICS main Web page: https://www.census.gov/naics. Then click on the 2-digit sector code to see all the NAICS codes under that sector. Then choose the 6-digit code of your interest to see the corresponding definition, as well as cross-references and index items, when available.
(c) If you know your old standard industrial classification (SIC) code, you can also find the appropriate 2002 NAICS code by using the detailed conversion (concordance) between the 1987 SIC and 2002 NAICS available in Excel format for download at the ‘‘Concordances’’ link at the U.S. Census Bureau NAICS main Web page: https://www.census.gov/naics.
(6) The
department of labor and economic opportunity shall supply copies of the forms
provided for in these rules and compile, correct, and analyze data obtained
pursuant to these rules. The department shall process petitions for exceptions
to these rules from public employers. The Occupational Safety and Health
Administration (OSHA) of the United States Department of Labor shall
process petitions for exceptions from private employers to ensure uniformity
between federal and state rules.
R 408.22141 Basic requirement.
Rule 1141. (1) Annual electronic submission of MIOSHA or OSHA Form 300A “Summary of Work-Related Injuries and Illnesses” requires all of the following:
(a) If your
establishment had 20-249 employees at any time during the previous calendar
year, and your establishment is classified in an industry listed in Appendix B
of R 408.22161this part, you must electronically submit
information from MIOSHA or OSHA Form 300A “Summary of Work-Related Injuries and
Illnesses” to OSHA or OSHA's designee. You must submit the information once a
year, no later than the date listed in R 408.22141b of the year after the
calendar year covered by the form.
(b) If your establishment had 250 or more employees at any time during the previous calendar year, and this part requires your establishment to keep records, then you must electronically submit information from MIOSHA or OSHA Form 300A “Summary of Work-Related Injuries and Illnesses” to OSHA or OSHA’s designee. You must submit the information once a year, no later than the date listed in R 408.22141b of the year after the calendar year covered by the form.
(2) Annual electronic submission of information from MIOSHA or OSHA Form 300 “Log of Work Related Injuries and Illnesses” and from MIOSHA or OSHA Form 301 “Injury and Illness Incident Report” by establishments with 100 or more employees in designated industries requires all of the following:
(a) If your
establishment had 100 or more employees at any time during the previous
calendar year, and your establishment is classified in an industry listed in
Appendix C of R 408.22162this part, then you must electronically
submit information from MIOSHA or OSHA Forms 300 and 301 to OSHA or OSHA’s
designee.
(b) You must submit the information once a year, no later than the date listed in R 408.22141b of the year after the calendar year covered by the form.
(3) Electronic
submission of the Part 11 records upon notification. Upon notification, you
must electronically submit the requested information from your Part 11 records
to OSHA or OSHA’s designee.
(4) Electronic submission of the Employer Identification Number (EIN). For
each establishment that is subject to these reporting requirements, you must
provide the EIN used by the establishment.
R 408.22141a Implementation.
Rule 1141a. (1)
Does every employer have to routinely make an annual electronic submission of
information from Part 11 injury and illness recordkeeping forms to OSHA? No,
only 3 categories of employers must routinely submit information
from these forms. The first category is consists of establishments
that had 20–249 employees at any time during the previous calendar year and are
classified in an industry listed in Appendix B of R 408.22161this
part. Establishments in this category must submit the required information
from Form 300A to OSHA once a year. The second category is consists
of establishments that had 250 or more employees at any time during the
previous calendar year, and are required by Part 11 to keep records.
Establishments in this category must submit the required information from Form
300A to OSHA once a year. The third category is consists of establishments
that had 100 or more employees at any time during the previous calendar year
and are classified in an industry in Appendix C of R 408.22162this
part. Establishments in this category must also submit the required
information from Forms 300 and 301 to OSHA once a year, in addition to the
required information from Form 300A. Employers in these 3 categories must
submit the required information by the date listed in R 408.22141b of the year
after the calendar year covered by the form or forms, for
example, 2024 for the 2023 forms. If your establishment is not in any of
these 3 categories, then you must submit the
information to OSHA only if MIOSHA or OSHA notifies you to do so for an
individual data collection.
(2) Do part-time, seasonal, or temporary workers count as employees in the criteria for number of employees in R 408.22141? Yes, each individual employed in the establishment at any time during the calendar year counts as 1 employee, including full-time, part-time, seasonal, and temporary workers.
(3) How will MIOSHA or OSHA notify me that I must submit information as part of an individual data collection under R 408.22141(3)? MIOSHA or OSHA will notify you by mail if you have to submit information as part of an individual data collection under R 408.22141(3). MIOSHA or OSHA will also announce individual data collections through publication in the Federal Register, the OSHA newsletter, announcements on the OSHA website or other means. If you are an employer who must routinely submit the information, then OSHA will not notify you about your routine submittal.
(4) When do I have
to submit the information? If you are
required to submit information under R 408.22141(1) or (2), then you must
submit the information once a year, by the date listed in R 408.22141b of the
year after the calendar year covered by the form,
(for example, 2019 for the 2018 form). If you are
submitting information because MIOSHA or OSHA notified you to submit
information as part of an individual data collection under R 408.22141(3), then
you must submit the information as specified in the notification.
(5) How do I submit the information? You must submit the information electronically. OSHA will provide a secure website for the electronic submission of information. For individual data collections under R 408.22141(3), OSHA will include the website’s location in the notification for the data collection.
(6) Am I required to submit information if my establishment is partially exempt from keeping OSHA injury and illness records? If you are partially exempt from keeping injury and illness records under R 408.22103, then you are not required to routinely submit information under R 408.22141(1) or (2). You will have to submit information under R 408.22141(3) if OSHA informs you in writing that it will collect injury and illness information from you. If you receive such a notification, then you must keep the injury and illness records required by this standard and submit information as directed.
(7) Am I required to submit information if I am located in a State Plan State? Yes, the requirements apply to employers located in State Plan States.
(8) May an enterprise or corporate office electronically submit information for its establishment or establishments? Yes, if your enterprise or corporate office had ownership of or control over 1 or more establishments required to submit information under R 408.22141, then the enterprise or corporate office may collect and electronically submit the information for the establishment or establishments.
(9) If I have to submit information under R 408.22141, do I have to submit all of the information from the recordkeeping forms? No, you are required to submit all of the information from the forms except the following:
(a) Log of
Work-Related Injuries and Illnesses, (OSHA Form 300):
Employee name, (column B).
(b) Injury and
Illness Incident Report, (OSHA Form 301,): Employee name,
(field 1), employee address, (field 2), name
of physician or other healthcare professional, (field 6),
facility name and address if treatment was given away from the worksite,
(field 7).
(10) My company uses numbers or codes to identify our establishments. May I use numbers or codes as the establishment name in my submission? Yes, you may use numbers or codes as the establishment name. However, the submission must include a legal company name, either as part of the establishment name or separately as the company name.
R 408.22157 Revocation.
Rule 1157. The director may revoke an exception granted under this part for failure to comply with the conditions of the exception. An opportunity for informal hearing or conference shall be afforded to the employers and affected employees or their representatives. Except in cases of willful noncompliance or where employee safety or health requires otherwise, before the commencement of an informal proceeding, the employer shall be notified in writing of the facts or conduct that may warrant the action and be given an opportunity to demonstrate or achieve compliance.
APPENDIX B
DESIGNATED INDUSTRIES FOR R 408.22141
‘BASIC REQUIREMENT’
MANDATORY
Annual Electronic Submission of
MIOSHA/OSHA Form 300A “Summary of Work‑Related Injuries and Illnesses” by
Establishments With 20 or More Employees but Fewer Than 250 Employees in
Designated Industries:
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R 408.22160 Appendix A.
Rule 1160. Appendix A, Partially Exempt Industries, Non-mandatory, reads as follows:
APPENDIX A
PARTIALLY EXEMPT INDUSTRIES
NON-MANDATORY
Employers are not required to keep MIOSHA injury and illness records for an establishment classified in the following North American Industry Classification System (NAICS) codes, unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS.
All employers, including those partially exempted by reason of company size or industry classification, shall report to MIOSHA an employee’s fatality, in-patient hospitalization, amputation, or loss of an eye.
|
NAICS Industry |
|
|
4412 |
Other motor vehicle dealers. |
|
4431 |
Electronics and appliance stores. |
|
4461 |
Health and personal care stores. |
|
4471 |
Gasoline stations. |
|
4481 |
Clothing stores. |
|
4482 |
Shoe stores. |
|
4483 |
Jewelry, luggage, and leather goods stores. |
|
4511 |
Sporting goods, hobby, and musical instrument stores. |
|
4512 |
Book, periodical, and music stores. |
|
4531 |
Florists. |
|
4532 |
Office supplies, stationery, and gift stores. |
|
4812 |
Nonscheduled air transportation. |
|
4861 |
Pipeline transportation of crude oil. |
|
4862 |
Pipeline transportation of natural gas. |
|
4869 |
Other pipeline transportation. |
|
4879 |
Scenic and sightseeing transportation, other. |
|
4885 |
Freight transportation arrangement. |
|
5111 |
Newspaper, periodical, book, and directory publishers. |
|
5112 |
Software publishers. |
|
5121 |
Motion picture and video industries. |
|
5122 |
Sound recording industries. |
|
5151 |
Radio and television broadcasting. |
|
5172 |
Wireless telecommunications carriers (except satellite). |
|
5173 |
Telecommunications resellers. |
|
5179 |
Other telecommunications. |
|
5181 |
Internet service providers and web search portals. |
|
5182 |
Data processing, hosting, and related services. |
|
5191 |
Other information services. |
|
5211 |
Monetary authorities—central bank. |
|
5221 |
Depository credit intermediation. |
|
5222 |
Non-depository credit intermediation. |
R 408.22161 Appendix B.
Rule 1161. Appendix B, Designated Industries for R 408.22141 ‘Basic Requirement,’ Mandatory, reads as follows:
APPENDIX B
DESIGNATED INDUSTRIES FOR R 408.22141 ‘BASIC REQUIREMENT’
MANDATORY
Annual Electronic Submission of MIOSHA/OSHA Form 300A “Summary of Work‑Related Injuries and Illnesses” by Establishments with 20 or More Employees but Fewer than 250 Employees in Designated Industries:
|
NAICS Industry |
|
|
11 |
Agriculture, forestry, fishing, and hunting |
|
22 |
Utilities |
|
23 |
Construction |
|
31‑33 |
Manufacturing |
|
42 |
Wholesale trade |
|
4413 |
Automotive parts, accessories, and tire stores |
|
4421 |
Furniture stores |
|
4422 |
Home furnishings stores |
|
4441 |
Building material and supplies dealers |
|
4442 |
Lawn and garden equipment and supplies stores |
|
4451 |
Grocery stores |
|
4452 |
Specialty food stores |
|
4521 |
Department stores |
|
4529 |
Other general merchandise stores |
|
4533 |
Used merchandise stores |
|
4542 |
Vending machine operators |
|
4543 |
Direct selling establishments |
|
4811 |
Scheduled air transportation |
|
4841 |
General freight trucking |
|
4842 |
Specialized freight trucking |
|
4851 |
Urban transit systems |
|
4852 |
Interurban and rural bus transportation |
|
4853 |
Taxi and limousine service |
|
4854 |
School and employee bus transportation |
|
4855 |
Charter bus industry |
|
4859 |
Other transit and ground passenger transportation |
|
4871 |
Scenic and sightseeing transportation, land |
|
4881 |
Support activities for air transportation |
|
4882 |
Support activities for rail transportation |
|
4883 |
Support activities for water transportation |
|
4884 |
Support activities for road transportation |
|
4889 |
Other support activities for transportation |
|
4911 |
Postal service |
|
4921 |
Couriers and express delivery services |
|
4922 |
Local messengers and local delivery |
|
4931 |
Warehousing and storage |
|
5152 |
Cable and other subscription programming |
|
5311 |
Lessors of real estate |
|
5321 |
Automotive equipment rental and leasing |
|
5322 |
Consumer goods rental |
|
5323 |
General rental centers |
|
5617 |
Services to buildings and dwellings |
|
5621 |
Waste collection |
|
5622 |
Waste treatment and disposal |
|
5629 |
Remediation and other waste management services |
|
6219 |
Other ambulatory health care services |
|
6221 |
General medical and surgical hospitals |
|
6222 |
Psychiatric and substance abuse hospitals |
|
6223 |
Specialty (except psychiatric and substance abuse) hospitals |
|
6231 |
Nursing care facilities |
|
6232 |
Residential mental retardation, mental health, and substance abuse facilities |
|
6233 |
Community care facilities for the elderly |
|
6239 |
Other residential care facilities |
|
6242 |
Community food and housing, and emergency and other relief services |
|
6243 |
Vocational rehabilitation services |
|
7111 |
Performing arts companies |
|
7112 |
Spectator sports |
|
7121 |
Museums, historical sites, and similar institutions |
|
7131 |
Amusement parks and arcades |
|
7132 |
Gambling industries |
|
7211 |
Traveler accommodation |
|
7212 |
RV (recreational vehicle) parks and recreational camps |
|
7213 |
Rooming and boarding houses |
|
7223 |
Special food services |
|
8113 |
Commercial and industrial machinery and equipment (except automotive and electronic) repair and maintenance |
|
8123 |
Dry‑cleaning and laundry services |
R 408.22162 Appendix C.
Rule 1162. Appendix C, Designated Industries for R 408.22141a “Implementation,” Mandatory, reads as follows:
APPENDIX C
DESIGNATED INDUSTRIES FOR R 408.22141a “IMPLEMENTATION”
MANDATORY
Annual Electronic Submission of Information from MIOSHA Form 300 Log of Work-Related Injuries and Illnesses and MIOSHA Form 301 Injury and Illness Incident Report by Establishments with 100 or More Employees in Designated Industries.
NAICS Industry |
|
1111 |
Oilseed and grain farming. |
1112 |
Vegetable and melon farming. |
1113 |
Fruit and tree nut farming. |
1114 |
Greenhouse, nursery, and floriculture production. |
1119 |
Other crop farming. |
1121 |
Cattle ranching and farming. |
1122 |
Hog and pig farming. |
1123 |
Poultry and egg production. |
1129 |
Other animal production. |
1133 |
Logging. |
1141 |
Fishing. |
1142 |
Hunting and trapping. |
1151 |
Support activities for crop production. |
1152 |
Support activities for animal production. |
1153 |
Support activities for forestry. |
2213 |
Water, sewage, and other systems. |
2381 |
Foundation, structure, and building exterior contractors. |
3111 |
Animal food manufacturing. |
3113 |
Sugar and confectionery product manufacturing. |
3114 |
Fruit and vegetable preserving and specialty food manufacturing. |
3115 |
Dairy product manufacturing. |
3116 |
Animal slaughtering and processing. |
3117 |
Seafood product preparation and packaging. |
3118 |
Bakeries and tortilla manufacturing. |
3119 |
Other food manufacturing. |
3121 |
Beverage manufacturing. |
3161 |
Leather and hide tanning and finishing. |