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MIOSHA FAQs

MIOSHA FAQs Question #1: What is a multi-employer worksite?

Answer: A multi-employer worksite is one that has more than one employer working on the same project, generally a condition found on most construction sites.

Question #2: I'm an employer with employees exposed to an unsafe condition on a multi-employer worksite. Can I be issued a citation if my employees are exposed to the condition even though I have no responsibility for that condition.

Answer: Yes. The citation is issued for the exposure of your employee to the unsafe condition. To avoid a citation, an employer must ensure their employees are not exposed to the unsafe condition by either eliminating the condition or removing your employees from exposure to the unsafe condition.

Question #3: Are volunteers covered by MIOSHA?

Answer: Volunteers may be covered. Section 5 of the MIOSH Act defines an employee as a person permitted to work. MIOSHA applies when there is an employer-employee relationship. In evaluating volunteer work to determine whether an employer-employee relationship exists, MIOSHA considers how the work is controlled and whether there is compensation, a product produced or revenue generated. Control of work involves how work is scheduled, directed, supervised, and how materials and equipment are supplied. Compensation, product and revenue is evaluated to determine whether the level of compensation is more than De Minimis (i.e., a lunch or t-shirt, local fundraiser, etc). If work is controlled and compensation, product or revenue is more than De Minimis, MIOSHA would cover the volunteer work.

Question #4: I believe that there is an occupational hazard in my workplace. What can I do?

Answer: Discuss the situation with your supervisor and employee representatives (if you are represented or have a health and safety committee process) to help determine if there is a hazard or if an occupational safety or health standard is not being followed. If the hazard exists and is not resolved by internal efforts, you can contact the nearest MIOSHA office to discuss the matter with a MIOSHA representative. You may file a written complaint with MIOSHA.

 

Question #5: How do I file a complaint?

Answer: An employee or employee representative may file a complaint against their employers by calling the toll-free MIOSHA hotline at 800-TO-MIOSH (800-866-4674). A complaint form is mailed upon request and should be completed and returned.  The form can also be found on the MIOSHA website.

 

Question #6: If I file a complaint, is my name kept confidential?

Answer: Every employee has the right to confidentiality. However, maintaining the confidentiality of the employee submitting the complaint is not automatic. Employees filing a complaint must state they wish to have their name kept confidential. A place to mark this preference is provided on the complaint form. If submitting a complaint in the form of a letter, the writer should state their desire to have their name protected and not released to the employer.


Question #7: How do I find out about the hazards of the chemicals I work with?

Answer: Ask your employer for the written hazard communication program to determine the hazards of the chemicals you work with. You can also contact MIOSHA Consultation Education and Training Division to discuss the situation, receive specific chemical hazard information and/or discuss complaint options. Or the Michigan Right to Know Laws are a good resource, (2105 and 2106 poster). Hard copies of these posters are available by contacting the Consultation Education and Training Division at (517) 322-1809.

Question #8: What does the MIOSHA Consultation Education and Training Division do?

Answer: The safety and health education and training programs educate employers and employees, on a voluntary basis, in safety awareness including assistance in the development and implementation of safety and health programs, the application and meaning of standards within particular work settings, and prepare employers and employees to recognize, abate, and prevent the recurrence of hazardous working conditions.


Question #9: What does the Onsite Consultation Program do?

Answer: The safety and health Onsite Consultation staff informs and educates employers how to conduct safety and health hazard surveys to determine MIOSHA compliance within their establishment. No citations or penalties are assessed. Employers are required to abate any serious hazards that are found.

Question #10: Where do I get safety and health publications?

Answer: The CET Division maintains a library of pamphlets, posters, and handouts to help increase safety and health awareness. Films and videos of more than 200 titles are available for loan on a first come - first serve basis. These services are available at no cost.

Question #11: Can I order publications, brochures, etc. over the phone?

Answer: Yes, simply call the Consultation Education and Training Division at (517) 322-1809. Publications can also be ordered online by going to www.michigan.gov/mioshapublications.

Question #12: What are the required posters for MIOSHA?

Answer: The Michigan Safety and Health Protection on the Job poster and the Annual Summary of Injuries and Illnesses (Log 300) Michigan Right to Know Laws (2105 and 2106 poster). Hard copies of these posters are available for ordering online or by contacting the Consultation Education and Training Division at (517) 322-1809.


Question #13: What safety and health seminars are upcoming, what is the cost, agenda, how long, what times, etc.?

Answer: Inquiries are responded to by sending or faxing a copy of seminar list or the brochure itself. All seminars are listed on the Calendar of MIOSHA Training Programs or by going to www.michigan.gov/mioshatraining. Also from this page, there is a link to instructions on how to sign up to receive monthly electronic announcements of upcoming trainings. Receive CET announcements via Email.

Question #14: How do I obtain copies of inspection records?

Answer: Request them from the MIOSHA Freedom of Information Section.  Please submit all requests in writing via mail, fax, or e-mail to the Michigan Department of Labor & Economic Growth (DLEG), Management & Technical Services Division (MTSD), P.O. Box 30649, Lansing, Michigan 48909-8149. Phone: 517-322-1295. Fax: 517-322-1505. Or email to MTSD.

Question #15: Are there any weight restrictions on how much my employer can make me lift?

Answer: There is no specific weight limit. Some additional resources include: Applications Manual for the Revised NIOSH Lifting Equation and OSHA Effective on Ergonomics: Strategy for Success.

Question #16: Can my employer make me work alone?

Answer: Generally, yes. Only in some very specific situations such as the entry of a confined space containing a hazardous atmosphere is there any requirement for a second employee to be present as a rescue person. OSHA Respirator Standard Interpretation.

Question #17: How can I obtain copies of the MIOSHA standards?

Answer: Address your request to:  MIOSHA Standards Section, 7150 Harris Drive, Box 30643, Lansing, MI 48909-8143; phone (517) 322-1845. To receive electronic public notices on standards, go to the MIOSHA standards mailing list page.


Question #18: Do you have to give my name to my employer if I file a discrimination complaint?

Answer: Yes, the agency will not pursue an anonymous complaint. The employer must have had an opportunity to address the problem. Other questions about employee discrimination may be directed to the Employee Discrimination Section.


Question #19: I've been fired for complaining of unsafe conditions. If I pursue this case and I win, what do I get?

Answer: The complaint must be investigated to determine whether your employer violated Section 65 of MIOSH Act. Based on our investigation if we find Section 65 of MIOSH Act was violated, we will order the appropriate relief which may include lost wages plus statutory interest, return of benefits, including seniority and reinstatement.


Question #20: I am not a member of any union, can I still file a discrimination complaint under MIOSHA?

Answer: Yes. You do not have to be a member of any labor organization. The rights and obligations of Act 154 of MIOSHA apply to all employees covered by the MIOSHA Act.

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