Frequently Asked Questions

The answers provided below are general and are not meant to be a substitute for legal advice.

How do I obtain copies of inspection records?

Some general inspection information can be found online by following the instructions on the MIOSHA Inspection Data page. Detailed information and copies of inspection documents must be submitted via mail to LEO, FOIA, P.O. Box 30643, Lansing, MI 48909-8143, or fax to 517-284-7735, or email the MIOSHA Freedom of Information Act Coordinator. For additional information, call 517-284-7740.
Why doesn't MIOSHA issue warnings without a citation or penalty for first-time offenders?

When the United States Congress passed the Federal Occupational Safety and Health Act (OSH Act) in 1970, the OSH Act provided for first time monetary sanctions for violations of the OSH Act or standards promulgated under authority of the OSH Act. To this day the OSH Act does not allow warnings or waiver of a citation or penalty for first-time offenders. The citation/penalty process is not viewed as punitive, but as an incentive for employers to comply with Safety & Health (S & H) requirements without waiting to use up their first-time waiver if one were to exist. However, Federal OSHA does provide funding for consultative services administered by the States, so employers can request such services at no cost and no citation or associated penalty.

The Federal OSH Act includes language that allows States to create their own S & H compliance programs; such States are said to have a “State Plan Program.” The Michigan Occupational Safety and Health Act (MIOSH Act), Act 154 of 1974, as Amended created the Michigan S & H, State Plan Program, administered by the Michigan Occupational Safety and Health Administration (MIOSHA). For MIOSHA to maintain status as a State Plan Program, we must maintain a program that is deemed to be “at least as effective as” programs run in States with Federal OSHA jurisdiction. This includes maintaining a compliance program that does not allow waiver of citation/penalty for first time offenders. However, MIOSHA maintains a consultation service program administered by the MIOSHA Consultation, Education and Training (CET) Division. As mentioned above, any employer can request the CET Division to help them comply with MIOSHA standards and address safety and health issues in their workplace, free of charge, with no monetary penalties for non-compliance. When requesting consultative services, the employer must agree to correct any hazard that is deemed to be of a serious nature.

To arrange for assistance please contact the Consultation Education and Training Division on the MIOSHA website or at 517-284-7720.
Are volunteers covered by MIOSHA?

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.
What posters does MIOSHA require to be hung in workplaces?

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 517-284-7720.
Are there any weight restrictions on how much my employer can make me lift?

There are no MIOSHA/OSHA standards that address the amount of weight that an employee can lift. However, the employer is required to maintain a workplace free of recognizable hazards that are causing or are likely to cause death or serious physical harm (General Duty Clause in the MIOSHA Act). In order to cite a General Duty Clause violation, one issue MIOSHA must document is that a recognizable serious hazard exists. This typically involves the study of a number of employees exposed to similar risk factors to document injury trends and identify hazardous conditions. How much an employee lifts is only one risk factor evaluated when considering the issuance of a General Duty Clause violation. In other words, a General Duty Clause violation would not be issued based solely on the amount of weight an employee lifts.

Although there is no maximum weight limit that employees are allowed to lift, one of the tools used to determine the extent of a lifting hazard is the Applications Manual for the Revised NIOSH Lifting Equation

Another useful resource is OSHA Effective on Ergonomics: Strategy for Success.
Can my employer make me work alone?

Generally, yes. However there are various standards that do require a second person. For example OSHA Respirator Standard Interpretation.
Why do compliance officers record union information on inspection forms? Does MIOSHA favor union employers when they interpret standards?

In order for MIOSHA to maintain our status as a "State Plan Program," we must enter intervention data into the Federal OSHA database, OSHA Information System (OIS). For every compliance inspection we do, we complete required forms that are entered into the OIS. The "union or non-union" field filled out on a required form, is collected for statistical purposes only. The Mission of MIOSHA is to reduce or eliminate workplace hazards for ALL Michigan employees, regardless of union affiliation. Our training and policies reinforce this Mission and we do not favor or disfavor employers or employees based on their bargaining unit status.
How do I find out about the hazards of the chemicals I work with?

You should receive training and information on the chemicals in your work area. Employers are required to maintain copies of safety data sheets (SDS) for chemicals used in the workplace. Employers are also required to post a notice advising employees how to access the SDS. If you have not received training, information, or you do not know how to access the MSDS, ask your employer. You can also call MIOSHA toll-free at 800-TO-MIOSH (800-866-4674).
I believe that there is an occupational hazard in my workplace. What can I do?

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.
How do I file a safety and health complaint?

An employee or employee representative may file a complaint regarding workplace safety and health hazards. Complaints can be filed electronically on the MIOSHA website. You can also call MIOSHA toll-free at 800-TO-MIOSH (800-866-4674) to have a complaint form mailed to you.
I've been fired for complaining of unsafe conditions. If I pursue a discrimination case and win, what do I get?

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.
Do you have to give my name to my employer if I file a discrimination complaint?

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.
I am not a member of any union, can I still file a discrimination complaint under MIOSHA?

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 MIOSH Act.
If I file a safety or health complaint, is my name kept confidential?

A complaint must be signed by the employee or employee representative. However, the employee may request their name be kept confidential from their employer during the inspection. 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.
What does the MIOSHA Consultation Education and Training (CET) Division do?

CET provides voluntary safety and health education and training, outreach, and recognition. CET has two major program areas, the Consultation and Training Program and the Onsite Consultation Program.
Do MIOSHA compliance officers and consultants uniformly interpret and implement standards?

The goal of MIOSHA is to have our Compliance Officers and our Consultation, Education and Training (CET) Consultants interpret and apply the MIOSHA standards consistently and uniformly. Many of our CET Consultants began their careers with MIOSHA in one of the compliance divisions. Those who have not go through extensive training to ensure as much as possible that standards are being applied consistently. All Compliance Officers and Consultants participate in ongoing training to help ensure consistency. The compliance divisions work closely with the CET Division, frequently attend each other's division training, attend similar ongoing training, and participate on consistency workgroups to help achieve this goal.
What is a multi-employer worksite?

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. (Multi-Employer Work Sites Instruction for General Industry & Construction)
Can an employer on a multi-employer site be issued a citation if their employees are exposed to an unsafe condition even though they have no responsibility for that condition?

A citation may be issued to any employer who exposes their employee(s) to an unsafe condition. To avoid a citation, an employer must ensure their employees are not exposed to the unsafe condition by eliminating the condition, protecting their employees, or removing their employees from exposure to the unsafe condition.

Popular on michigan.gov

How Do I...

Frequently Asked Questions

The answers provided below are general and are not meant to be a substitute for legal advice.