Frequently Asked Questions

All Employees & Employers
Construction Specific Questions
General Industry Specific Questions
Health Specific Questions

How do I get help with my safety and health program?

A well implemented safety and health plan protects workers. MIOSHA (Michigan Occupational Safety and Health Administration) offers many resources for employers looking to start or improve their safety and health plan, MIOSHA offers many resources, including consultants, to help with every step of the process. For more information visit MIOSHA’s Safety and Health Programs page.
How do I become asbestos accredited in Michigan?

The MIOSHA Asbestos Program was initiated in September of 1986. The primary function of the program is to ensure that the people working with asbestos are properly trained and the individuals performing asbestos removal comply with rules governing the work activity. These rules are designed to protect not only the individual employee performing asbestos abatement work, but also the general public that occupy the area or building in which the work occurs. For more information on accreditation, abatement, and asbestos safety visit MIOSHA’s Asbestos Program page.
Do I need to register my radiation machine in Michigan?

MIOSHA’s Radiation Safety Section (RSS) regulates radiation machines by registering and inspecting facilities utilizing radiation machines. For more information visit MIOSHA’s Radiation Safety page.
How do I pay or reduce MIOSHA penalties?

A Penalty Reduction Agreement allows you or your representative(s) to reach a tentative agreement to resolve penalties concerning a MIOSHA investigation of your establishment. For more information visit MIOSHA’s Penalty Reduction page. To pay penalties online, visit MIOSHA’s Online Penalty Payment page.
Where can I get safety training for my workplace?

MIOSHA’s Consultation Education and Training (CET) Division offers free, statewide, safety and health assistance to employers and employees. Our in-house team of experienced, professional occupational safety experts, construction safety consultants, and industrial hygienists provides a wide range of customized services for management and staff. For more information, visit MIOSHA's Consultation Education and Training page.
Are all workers covered by MIOSHA?

No. MIOSHA does not cover self-employed individuals, family farms that only employ immediate family members, and employees of federal agencies. Railroad workers, miners, U.S. Postal Service employees, and workers whose hazards are regulated by another federal agency (such as the Mine Safety and Health Administration or the Federal Aviation Administration) are also outside MIOSHA’s jurisdiction.
How do I file a MIOSHA Complaint?

Filing a MIOSHA complaint is straightforward — you can do it online, by mail, fax, or phone. Here’s exactly how to do it depending on your situation. For more information visit MIOSHA’s Complaint page.
Does MIOSHA have jurisdiction over companies with less than 10 employees?

Yes, MIOSHA has no coverage restrictions for employee count.
Do all injuries have to be reported to MIOSHA?

No. Section 65 of Act 154, the Michigan Occupational Safety and Health Act, states that an employer shall not discriminate against an employee for exercising his or her rights under Act 154. Employees shall not be discriminated against for reporting or voicing an unsafe or unhealthy work condition; or assisting a MIOSHA representative during an inspection/investigation.

If an employee feels his or her rights have been violated under the MIOSH Act, the employee may file a discrimination complaint with the Employee Discrimination Section within 30 days of the date of occurrence/incident.
Will I get in trouble for talking to MIOSHA?

No. Section 65 of Act 154, the Michigan Occupational Safety and Health Act, states that an employer shall not discriminate against an employee for exercising his or her rights under Act 154. Employees shall not be discriminated against for reporting or voicing an unsafe or unhealthy work condition; or assisting a MIOSHA representative during an inspection/investigation.

If an employee feels his or her rights have been violated under the MIOSH Act, the employee may file a discrimination complaint with the Employee Discrimination Section within 30 days of the date of occurrence/incident.
Can an employer be issued a citation if their employees are not exposed to an unsafe condition?

Yes. The Multi-Employer Work Sites instruction allows more than one employer to be cited for a hazardous condition that violates a MIOSHA standard. Employers that control (general contractor or facility owner), correct, or create hazards can be cited as well as those that expose.
Who pays for my Personal Protective Equipment (PPE)?
According to MIOSHA’s Personal Protective Equipment Standards instruction, with few exceptions, employers are required to pay for PPE that is used to comply with MIOSHA standards.

Exceptions:

        Non-specialty safety-toe protective footwear

        Everyday clothing

        Weather protection (coats, sunblock)

        Consumer safety protection (hairnets, gloves, etc.)

        Lost or intentionally damaged PPE
Do I always have to wear a hardhat?

Both construction and general industry employees must wear suitable protection, which may include a hardhat, whenever there is potential for head injury from impacts, falling objects, or electrical shock.
Am I required to report to MIOSHA a work-related fatality or inpatient hospitalization caused by a heart attack?

Yes. MIOSHA will decide whether to investigate the incident, depending on the circumstances of the heart attack. For more information, review MIOSHA Administrative Standard Part 11, Recording and Reporting of Occupational Injuries and Illnesses.
Does MIOSHA endorse specific companies or products?

No. MIOSHA does not endorse specific companies or products.
What MIOSHA standards/rules apply to my workplace?

Which MIOSHA standards/rules apply, will depend on your workplace’s industry, operations, conditions, equipment, and installations. The MIOSHA CET Division is available to help employers determine which standards/rules may apply to a specific workplace. For more information review MIOSHA Standards or visit MIOSHA’s Consultative Services page.
Is first-aid recordable?

No. First-aid is not recordable. However, if a work-related injury or illness results in medical treatment beyond first-aid, it must be recorded on the MIOSHA Form 300 (Log of Work-Related Injuries and Illnesses). For more information review MIOSHA Administrative Standard Part 11, Recording and Reporting of Occupational Injuries and Illnesses and MIOSHA’s Recordkeeping General Guide for Recording.
Ergonomics – Does MIOSHA have an ergonomics standard?

No. MIOSHA does not currently have an ergonomic enforcement standard. However, MIOSHA has the authority to enforce Section 408.1011, Section 11 of Act 154, the General Duty Clause when necessary to prevent work-related ergonomic injuries or illnesses.

Federal OSHA has a lot of good information about ergonomics and preventing musculoskeletal disorders. MIOSHA has an Ergonomics instruction, which details the procedures compliance officers follow when conducting ergonomic investigations.
What is considered a reasonable amount of time before I can use the bathroom?

MIOSHA’s General Industry Part 474, Sanitation, requires employers to provide their employees with toilet facilities. OSHA’s Interpretation explains the sanitation standard is intended to ensure that employers provide employees with sanitary and available toilet facilities, so that employees will not suffer the adverse health effects that can result if toilets are not available when employees need them.

The employer may not impose unreasonable restrictions on employee use of toilet facilities. Construction Standard, Part 1, General Rules, R 408.40129 Toilets at construction sites, requires employers provide easily accessible toilet facilities and without unreasonable restrictions for employees’ use. However, this requirement does not apply to a mobile crew that has readily available transportation to nearby toilet facilities.
How hot is too hot to work?

There is no specific temperature defined as too hot to work.

MIOSHA does not have a heat standard. However, MIOSHA expects employers to implement elements of a Heat Illness Prevention Program (HIPP) to reduce the risk of work-related heat illness among their employees. For a sample HIPP and additional heat related information, visit MIOSHA’s Heat webpage. If you feel your employer is refusing to provide a safe workplace that can cause a serious injury, you can file a complaint with MIOSHA.
Cold stress – The heater is broken and the workplace temperature is 50F. Do they have to fix the heat?

MIOSHA does not have a requirement to maintain a workplace within a specified temperature range. Some employees spend their work shift in a refrigerated food storage area. Some employees work in hot environments including steel mills and kitchens. However, your employer is required to provide a safe workplace if the temperature is extreme.

Review the cold stress recommendations listed on the webpage Winter Weather - Cold Stress and discuss with your management the options that are feasible, to provide a safe workplace until the heat is fixed. If you feel your employer is refusing to provide a safe workplace that can cause a serious injury, you can file a complaint with MIOSHA.
Does MIOSHA require someone on-site to be first aid and CPR trained?

General Industry Standard Part 472, Medical Services and First Aid Rule 7201 states; (1) An employer shall ensure the ready availability of medical personnel for advice and consultation on matters of plant health. (2) An employer shall ensure that, in the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid.

Near proximity when working in areas with serious hazards (e.g. falls, suffocation, electrocution, or amputation) means within 3 to 4 minutes. In other circumstances where a life-threatening injury is unlikely (e.g., low hazard workplaces such as offices), a maximum 15 minute response time is acceptable.

Construction Standard Part 1, General Rules, Rule 132(3), requires a person who has a valid certificate in first aid training shall be present at the worksite to render first aid.

Generally, cardiopulmonary resuscitation (CPR) training is not a requirement for basic first aid training, but it is required by certain standards such as Permit Required Confined Space, Electric Power Generation, Transmission and Distribution, and Logging. Additional information on these topics can be found in the Agency Instruction MIOSHA-STD-08-3R6 Medical Services and First Aid for General Industry and Construction.
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.
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.

Is it true that roofers don’t have to have fall protection?

No. Roofers, working on low-slope roofs, are allowed non-traditional forms of fall protection, but they must be protected from falling
As a general contractor, am I responsible for workers on the job site who are not part of the project I am managing?

Depending on the nature of the hazards those employees are exposed to and the application of the Multi-Employer Work Sites instruction the general contractor could be held accountable for the hazards those employees are exposed to.
Do I need a site-specific safety plan for every job?

No, but employers are required to have an accident prevention program that needs to be coordinated with employees and available at the job site.

Do I need to hire an outside company to train my employees on powered industrial trucks?

No. Employee training on powered industrial trucks (e.g., forklifts) does not have to be performed by an outside company. The trainer can be an employee so long as they have the knowledge, training, and experience to train operators and evaluate their competence. For more information review General Industry Standard Part 21, Powered Industrial Trucks, Construction Standard Part 12, Scaffolds and Scaffold Platforms, and Construction Standard Part 13, Mobile Equipment.
Can I use compressed air to clean off my clothes?

No. Air under pressure cannot be used for cleaning clothes while being worn. For more information review General Industry Standard Part 1, General Provisions.
When do I need to store liquids in a flammable storage cabinet?
Storage of liquids for incidental use in an industrial plant must be inside a flammable storage room or cabinet, as appropriate, when the quantity of liquid in a building or in any one fire area of a building exceeds one of the following:

25 gallons of Category 1 flammable liquids in containers.

120 gallons of Category 2, 3, or 4 flammable liquids in containers.

660 gallons of Category 2, 3, or 4 flammable liquids in a single portable tank.

For more information review General Industry Standard Part 75, Flammable Liquids
Do I need to provide hands-on training to all employees on portable fire extinguishers?

No. Hands-on training on portable fire extinguishers does not have to be provided to all employees. However, employees who have been designated or mandated to use portable fire extinguishers must receive hands-on training. For more information review General Industry Standard Part 8, Portable Fire Extinguishers and Agency Instruction MIOSHA-STD-25-1, Portable Fire Extinguishers Standard.
When do I need to provide protection from fall hazards on fixed ladders?
For fixed ladders that extend more than 24 feet above a lower level, an employer must ensure all of the following:

Each fixed ladder installed before November 19, 2018, is equipped with a personal fall arrest system, ladder safety system, cage, or well.

Each fixed ladder installed on and after November 19, 2018, is equipped with a personal fall arrest system or a ladder safety system.

When a fixed ladder, cage, or well, or any portion of a section thereof, is replaced, a personal fall arrest system or ladder safety system is installed in at least that section of the fixed ladder, cage, or well where the replacement is located.

On and after November 18, 2036, all fixed ladders are equipped with a personal fall arrest system or a ladder safety system.

For more information review General Industry Standard Part 2, Walking-Working Surfaces.

When must an eyewash/safety shower be provided?
If you are working with injurious or corrosive chemicals, such as chemicals that fall within the categories and concentrations below (found in Section 2 of the safety data sheet) you will need an eyewash/safety shower, if it is used in a manner that can cause exposure.

Skin Corrosion - Category 1A, 1B and 1C

Serious Eye Damage - Category 1

Serious Eye Irritation - Category 2A

Chemicals with a pH greater than 11.5 or less than 2.0

For more information visit the Eyewashes and Safety Showers fact sheet and Eyewash/Shower Equipment instruction.
Where should an eyewash/safety shower be located?

The eyewash/safety shower should be located in the immediate area where chemicals, described as injurious or corrosive, are worked with. This needs to be reached within 10 seconds (approximately 55 feet), free from obstacles, and cannot be through a closeable door. The location of the eyewash/safety shower facility must also be clearly marked, and well lighted. For more information visit the Eyewashes and Safety Showers fact sheet and Eyewash/Shower Equipment instruction.
Does a 16oz. personal use eyewash bottle qualify as an eyewash station?

No. Personal use 16-ounce eyewash bottles do not qualify as an eye-wash station as they do not meet the criteria for plumbed or self-contained eyewash equipment.
Emergency eye-wash stations are defined as a plumbed or self-contained emergency shower and/or eyewash equipment meeting the engineering design specifications of the American National Standards Institute for Emergency Eyewash and Shower Equipment (i.e., ANSI Z358.1). Self-contained eye flush equipment must be capable of delivering not less than 0.4 gallons per minute for 15 minutes (wall mounted units must have a total volume of 6 gallons). Self-contained emergency showers must be capable of delivering a minimum of 20 gallons per minute for 15 minutes. For more information visit the Eyewashes and Safety Showers fact sheet and Eyewash/Shower Equipment instruction.
Does my employer have to inform employees performing work, of the presence of asbestos containing material at the worksite?

Yes. Before work begins in areas containing asbestos containing material (ACM) and/or presumed asbestos containing material (PACM), employers must identify the presence, location, and quantity of ACM and/or PACM, and must inform all affected persons. For more information visit the Asbestos in Construction fact sheet.
What occupational noise levels in general industry require action per MIOSHA’s noise standard?

General Industry Standard Part 380, Occupational Noise Exposure In General Industry requires that when an employee is exposed to an 8-hour time-weighted average (TWA) noise level of 85 dBA (50% dose) or greater, an employer must administer a continuing, effective hearing conservation program. This includes a noise monitoring program, employee notification, audiometric testing program, provision of hearing protectors, and annual training.
When an employee is exposed to an 8-hour time-weighted average (TWA) noise level of 90 dBA (100% dose), the employer must utilize feasible administrative or engineering controls to reduce exposure. If such controls fail to reduce the noise levels below the 90 dBA TWA, the employee must be provided with and required to use hearing protectors to reduce the sound exposure. The Summary of Part 380 Occupational Noise Exposure handout provides additional information on Part 380 requirements.
Carbon Monoxide - How do I know if I am overexposing my employees?

The most appropriate way to determine if your employees are exposed to carbon monoxide is by conducting air monitoring using appropriately calibrated equipment and comparing the results to established exposure limits. The MIOSHA CET Division can provide on-site air monitoring at no cost. To request free air monitoring services employers may submit a Request for Consultative Assistance.
Do we need to have our employees undergo pulmonary function tests as part of their respirator medical evaluations?

No. MIOSHA’s Part 451, Respiratory Protection (1910.134(e)) does not specify the content of the medical evaluation beyond the optional use of the medical questionnaire.
Are there any MIOSHA regulations for secondhand smoke at the workplace entrance?

MIOSHA does not regulate secondhand smoke in the workplace. The Michigan Department of Health and Human Services (MDHHS) Tobacco Section (517) 335-8376 provides guidance in helping everyone understand the Michigan Smoke Free Indoor Air Law which went into effect in May 2010.
If employees are occupationally exposed to raw sewage, are they required to be included in a bloodborne infection diseases exposure control plan?

Generally, raw sewage and wastewater do not contain blood. Urine, feces, and other reasonably anticipated biological components comprising human wastes in sewage are not included in the definition of "other potentially infectious materials" (OPIM) unless "visibly contaminated with blood" [R 325.70002(s)]. Therefore, MIOSHA, while recognizing that contact with wastewater and raw sewage poses a number of health hazards, does not generally consider that contact with diluted raw sewage, not originating directly from a health care facility or other source of bulk blood or OPIM, is covered by the General Industry Part 554, Bloodborne Infectious Diseases standard.
For additional information on protecting workers handling human waste, visit the Center for Disease Control (CDC) webpage Reducing Health Risks to Workers Handling Human Waste or Sewage.

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