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Michigan

Michigan Department of Labor and Economic Growth
David C. Hollister, Director

Michigan Occupational Safety and Health Administration
P.O. Box 30643
Lansing, Michigan 48909-8143

Doug Kalinowski, Director
(517) 322-1814
(517) 322-1775 FAX


Michigan State Plan Website:
http://www.michigan.gov/cis/0,1607,7-154-11407---,00.html
Consultation Services

Consultation Education & Training Division
Michigan Occupational Safety and Health Administration
7150 Harris Drive
P.O.Box 30643
Lansing, MI 48909-8143

Nella Davis-Ray, Health and Safety Program Manager
(517) 322-6560
E-mail:
ndavis@michigan.gov
Michigan Public Sector Coverage
An important feature of the Michigan State Plan is that MIOSHA rules apply not only to the private sector, but also to the public sector our requirements apply to state and local government. This makes us, along with the other State Plans, unique when compared with federal OSHA; because in those states where the federal government has authority, occupational safety and health rules do not apply to public agencies. This concept has been present in MIOSHA since its enactment in 1974.

Many employers have indicated they appreciate the fact that the same MIOSHA requirements apply to public employers. A very practical example of this would be a county road commission working side by side with a private road contractor. In Michigan the county road commission has to follow the same safety and health rules that apply to the private-sector contractor. In states where federal OSHA has jurisdiction, the private contractor must meet OSHA requirements but the public road commission does not.

The Michigan Occupational Safety and Health Act (Act 154 of 1974, as amended) was written to include all Michigan employees. The provisions from the Act, listed below, indicate the inclusion public employees. 408.1002
Sec. 2. (1) This act shall apply to all places of employment in the state, except in domestic employment and in mines as defined in section 4.

408.1005
Sec. 5. (1) "Employee" means a person permitted to work by an employer. (2) "Employer means an individual or organization, including the state or a political subdivision, which employs one or more persons.

408.1006
Sec. 6. (2) "Political subdivision" means a city, village, township, county, school district, intermediate school district, or state or local government authorized or supported agency, authority, or institution.

408.1009
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.

408.1011
Sec 11. An employer shall:(a) Furnish to each employee, employment and a place of employment which is free from recognized hazards that are causing, or are likely to cause, death or serious physical harm to the employee.



MIOSHA Public Sector Enforcement Activities

Safety Standards
Michigan has one unique safety standard which only applies to the public sector. MIOSHA Part 74, Fire Fighting, provides requirements for municipal fire service personnel and equipment. More information on safety standards is available at the following site: 
http://www.michigan.gov/cis/0,1607,7-154-11407_15368---,00.html

Consultation Education and Training (CET) Grant Program
Some of the current CET Grantees provide as part of their program safety and health training and services for public sector employees. More information on the grants can be found at the following site:
http://www.michigan.gov/cis/0,1607,7-154-11407_15317_15346---,00.html

Employee Discrimination Section
Michigan's Employee Discrimination Division ensures that all employees, including public sector employees, shall be protected against discrimination from any person for exercising rights afforded by MIOSHA. Included in these rights are complaint filing, walk around rights and testimony in a MIOSHA proceeding. More information on the Employee Discrimination Division can be found at the following site:
http://www.michigan.gov/cis/0,1607,7-154-11407_15349-37854--,00.html

Additional Links
The Office of Fire Safety (OFS) in the Department of Labor and Economic Development has information available at their website on Fire Department Hazardous Material Emergency Planning Responsibilities (Bulletin No. OFS-09). The OFS website address is:
http://www.michigan.gov/cis/0,1607,7-154-10575_27870---,00.html

 
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