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How Do MIOSHA Matters Come to MOAHR?
Section 29 of MIOSHA, MCL 408.1029, provides that MIOSHA representatives (safety officers or hygienists) may inspect public and private places of employment at reasonable times and without delay. If, based on the inspection, the safety officer believes that violations of the promulgated rules or Act 154 have occurred, citations may be issued to the inspected employer. Every citation has three parts – the allegation of violation containing a description of the violation and reference to the rule or section of the Act alleged to have been violated, a time period for correction of the alleged violation, and a proposed penalty.
Petitions to Modify Abatements (PMAs)
If an employer allows a citation to become final by not filing a petition or appeal, but still needs more time to correct a specific violation, the employer may file a PMA with the issuing division.
Section 27 of MIOSHA allows an employer to suggest a method of abatement that is different from what the promulgated rules provide. If the division is convinced that the employer’s suggested method of protecting employees will provide protection as safe as that required by the applicable rule, the division may grant the employer a variance from the rule.
Section 65 of MIOSHA prevents an employer from discriminating against an employee who exercises rights permitted by the Act. An employee who believes he or she has been discharged, disciplined, or otherwise discriminated for exercising rights permitted by MIOSHA may file a complaint with MIOSHA. After an investigation, MIOSHA issues a decision that may be appealed within 15 working days to MOAHR by either the employer or employer. The burden of proof is on the employee to show that the employer violated Section 65 by discriminating against the employee for the exercise of rights permitted by the Act.