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MIOSHA-STD-1501 (02/24)
32 Pages
For further information
Ph: 517-284-7740
www.michigan.gov/mioshastandards
DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
MIOSHA ADMINISTRATIVE STANDARD
Filed with the Secretary of State on February 25, 1976 (as amended May 7, 1979)
(as amended November 15, 1983) (as amended December 17,1986) (as amended June 6, 2000)
(as amended December 12, 2001) (as amended November 25, 2002) (as amended May 20, 2015)
(as amended November 10, 2016) (as amended September 12, 2019) (as amended September 16, 2021) (as
effective February 13, 2024)
These rules become effective immediately after filing with the secretary of state unless adopted under section 33,
44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules
adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the department of labor and economic opportunity by section
69 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1069, Executive Reorganization Order
Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)
R 408.22141, R 408.22141a, and R 408.22141b of the Michigan Administrative Code are amended, as follows:
PART 11, RECORDING AND REPORTING OF OCCUPATIONAL INJURIES
AND ILLNESSES
Table of Contents:
R 408.22101 Scope. .................................................... 2
R 408.22102 Intent. ..................................................... 2
R 408.22102a Adopted and referenced standards. ..... 2
R 408.22103 Exceptions; applicability; petitions.......... 3
R 408.22104 Definitions; A to D. ................................. 3
R 408.22105 Definitions; E, F. ..................................... 4
R 408.22106 Definitions; H to M. ................................. 4
R 408.22107 Definitions; O to Y. ................................. 4
R 408.22109 Recording criteria. .................................. 4
DETERMINATION OF WORK-RELATEDNESS ........ 6
R 408.22110 Basic requirement. ................................. 6
R 408.22110a Implementation. .................................... 6
R 408.22110b How to handle unusual cases. ............. 8
R 408.22111 Determination of new cases. .................. 9
GENERAL RECORDING CRITERIA ........................ 10
R 408.22112 Basic requirement. ............................... 10
R 408.22112a Implementation. .................................. 10
R 408.22112b Record work-related injury or illness
that results in days away from work. ................... 10
R 408.22112c Record work-related injury or illness
that results in restricted work or job transfer. ...... 11
R 408.22112d Recording injury or illness that
involves medical treatment beyond first-aid. ....... 12
R 408.22112e Record of work-related injury or illness
case involving loss of consciousness recordable.13
R 408.22112f "Significant" diagnosed injury or illness
that is recordable, ................................................ 13
R 408.22113 Recording criteria for needlestick
and sharps injuries. ............................................. 13
R 408.22114 Recording criteria for cases involving
medical removal under MIOSHA standards. ....... 13
R 408.22115 Recording criteria for cases involving
occupational hearing loss, after January 1, 2003.
............................................................................. 14
R 408.22117 Recording criteria for work-related
tuberculosis cases. .............................................. 14
R 408.22118 Falsification, or failure to keep records
or reports. ............................................................. 15
R 408.22119 Record keeping on federal OSHA forms.
............................................................................. 15
R 408.22129 Forms. ................................................... 15
R 408.22130 Multiple business establishments. ........ 16
R 408.22131 Covered employees. ............................. 16
R 408.22132 Annual summary. .................................. 17
R 408.22133 Retention and updating......................... 17
R 408.22134 Change in business ownership. ............ 17
R 408.22135 Employee involvement.......................... 17
R 408.22136 Prohibition against discrimination. ........ 18
R 408.22138 Private sector variances from
recordkeeping rule. .............................................. 18
R 408.22139 Reporting fatalities, hospitalizations,
amputations, and losses of an eye as result of
work-related incidents to MIOSHA. ...................... 19
R 408.22140 Providing records to government
representatives. ................................................... 21
ELECTRONIC SUBMISSION OF INJURY AND
ILLNESS RECORDS TO OSHA ......................... 21
R 408.22141 Basic requirement. ................................ 21
2
R 408.22141a Implementation. .................................. 21
R 408.22141b Reporting dates. ................................. 22
R 408.22142 Requests from the bureau of labor
statistics for data. ................................................. 22
R 408.22151 Public employer petition for alternate
record maintenance. ............................................ 23
R 408.22152 Opportunity for comment. ..................... 23
R 408.22153 Contents of petitions. ............................ 23
R 408.22154 Additional notices and conferences. ..... 23
R 408.22155 Action. ................................................... 23
R 408.22156 Notice of exception; publication. ........... 23
R 408.22157 Revocation. ........................................... 23
R 408.22158 Compliance after submission of petition.
............................................................................. 23
Appendix A- Partially Exempt Industries .................... 24
Appendix B - Designated Industries For R 408.22141
‘Basic Requirement’ ............................................. 27
Appendix C - Designated Industries for R 408.22141a
"Implementation" 29
R 408.22101 Scope.
Rule 1101. These rules provide for recordkeeping and
reporting by public and private employers covered under
the act as necessary or appropriate for enforcement of
the act, for developing information regarding the causes
and prevention of occupational injuries and illnesses,
and for maintaining a program of collection, compilation,
and analysis of occupational safety and health statistics.
R 408.22103 lists employers who are partially exempted
from keeping work-related injury and illness records.
R 408.22102 Intent.
Rule 1102. (1) These rules are substantially
identical to the federal occupational safety and health
act (OSHA) recordkeeping and reporting requirements,
as contained in 29 C.F.R., 1904 “Recording and
Reporting of Occupational Injuries and Illnesses”
amended 2016, as adopted in R 408.22102a, to assure
that employers maintaining records pursuant to these
rules are in compliance with the federal requirements
and need not maintain additional records or submit
additional reports pursuant to the federal regulations.
R 408.21119 of this standard pertains to the use of
OSHA forms.
(2) This standard does not supersede the
recordkeeping and reporting requirements prescribed
by sections 18 and 24 of Public Law 91-596, 29 U.S.C.
667 and 673.
(3) If an employer creates records to comply with
another government agency's injury and illness
recordkeeping requirements, MIOSHA will consider the
records as complying with these rules if OSHA or
MIOSHA accepts the other agency's records under a
memorandum of understanding with that agency, or if
the other agency's records contain the same information
as these rules requires an employer to record. For help
in determining whether an employer's records meet
MIOSHA's requirements, an employer may contact the
MIOSHA Management Information Systems Section at
www.michigan.gov/recordkeeping
, or telephone
517-284-7788.
R 408.22102a Adopted and referenced standards.
Rule 1102a. (1) The following federal standards are
adopted by reference in these rules:
(a) 29 CFR 1903.2, “Posting of notice; availability of
the Act, regulations and applicable standards,”
amended July 1, 2016.
(b) 45 CFR 164.512, “Uses and disclosures for which
an authorization or opportunity to agree or object is not
required,” amended May 12, 2016.
(2) The standards adopted in these rules are available
from the United States Government Printing Office
website: www.ecfr.gov, at no charge as of the time of
adoption of these rules.
(3) The standards adopted in these rules are available
for inspection at the Department of Labor and Economic
Opportunity, MIOSHA, Standards and FOIA Section,
P.O. Box 30643, Lansing, Michigan, 48909-8143.
(4) The standards adopted in these rules may be
obtained as shown in these rules or may be obtained
from the Department of Labor and Economic
Opportunity, MIOSHA, Standards and FOIA Section,
P.O. Box 30643, Lansing, Michigan, 48909-8143, plus
$20.00 for shipping and handling.
(5) The following MIOSHA standards are referenced in
these rules. Up to 5 copies of these standards may be
obtained at no charge from the Department of Labor and
Economic Opportunity, MIOSHA, Standards and FOIA
Section, P.O. Box 30643, Lansing, Michigan, 48909-
8143 or via the internet at website:
www.michigan.gov/mioshastandards. For quantities
greater than 5, the cost, as of the time of adoption of
these rules, is 4 cents per page.
(a) Occupational Health Standard Part 380.
“Occupational Noise Exposure in General Industry,” R
325.60101 to R 325.60128.
(b) General Industry Safety and Health Standard Part
554. “Bloodborne Infectious Diseases,” R 325.70001 to
R 325.70018.
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R 408.22103 Exceptions; applicability; petitions.
Rule 1103. (1) Both of the following provisions apply to
exemptions based on employee numbers and industry
classifications:
(a) If your company had 10 or fewer employees at all
times during the last calendar year, you do not need to
keep MIOSHA injury and illness records unless
MIOSHA, the United States Bureau of Labor Statistics
(BLS), or the United States Department of Labor
Occupational Safety and Health Administration (OSHA),
informs you, in writing, that you must keep records
according to R 408.22141, R 408.22141a, R
408.22141b, or R 408.22142. However, as required by
R 408.22139, all employers covered by the act shall
report to MIOSHA any workplace incident that results in
a fatality, inpatient hospitalization, amputation, or loss of
an eye.
(b) If your company had more than 10 employees at
any time during the last calendar year, you must keep
MIOSHA injury and illness records unless your
establishment is classified as a partially exempt industry
under this rule.
(2) Both of the following provisions apply to
implementation of employee number based
exemptions:
(a) Is the partial exemption for size based on the size
of my entire company or on the size of an individual
business establishment? The partial exemption for size
is based on the number of employees in the entire
company.
(b) How do I determine the size of my company to find
out if I qualify for the partial exemption for size? To
determine if you are exempt because of size, you must
determine your company's peak employment during the
last calendar year. If you did not have more than 10
employees at any time in the last calendar year, then
your company qualifies for the partial exemption for size.
(3) Both of the following provisions apply to basic
requirements for partial exemption for establishments in
certain industries:
(a) If your business establishment is classified in a
specific industry group listed in Appendix A, you do not
need to keep MIOSHA injury and illness records unless
MIOSHA, the United States Bureau of Labor Statistics
(BLS), or the United States Department of Labor
Occupational Safety and Health Administration (OSHA),
informs you, in writing, that you must keep the records
according to R 408.22141, R 408.22141a, R
408.22141b, or R 408.22142. However, all employers
must report to MIOSHA any workplace incident that
results in an employee’s fatality, inpatient
hospitalization, amputation, or loss of an eye as required
by R 408.22139.
(b) If 1 or more of your company's establishments are
classified in a nonexempt industry, then you must keep
MIOSHA injury and illness records for all of such
establishments unless your company is partially
exempted because of size under these rules.
(4) Is the partial industry classification exemption
based on the industry classification of my entire
company or on the classification of individual business
establishments operated by my company? The partial
industry classification exemption applies to individual
business establishments. If a company has several
business establishments engaged in different classes of
business activities, some of the company’s
establishments may be required to keep records, while
others may be partially exempt.
(5) How do I determine the correct North American
Industry Classification System (NAICS) code for my
company or for individual establishments? You may
determine your NAICS code by using 1 of the following
methods, or you may contact your nearest OSHA office
or state agency for help in determining your NAICS
code:
(a) You may use the search feature at the U.S.
Census Bureau NAICS main Web page:
http://www.census.gov/eos/www/naics/. In the search
box for the most recent NAICS, enter a keyword that
describes your kind of business. A list of primary
business activities containing that keyword and the
corresponding NAICS codes will appear. Choose the 1
code that most closely corresponds to your primary
business activity, or refine your search to obtain other
choices.
(b) Rather than searching through a list of primary
business activities, you may also view the most recent
complete NAICS structure with codes and titles by
clicking on the link for the most recent NAICS on the
U.S. Census Bureau NAICS main Web page:
https://www.census.gov/naics. Then click on the 2-digit
sector code to see all the NAICS codes under that
sector. Then choose the 6-digit code of your interest to
see the corresponding definition, as well as cross-
references and index items, when available.
(c) If you know your old standard industrial
classification (SIC) code, you can also find the
appropriate 2002 NAICS code by using the detailed
conversion (concordance) between the 1987 SIC and
2002 NAICS available in Excel format for download at
the ‘‘Concordances’’ link at the U.S. Census Bureau
NAICS main Web page: https://www.census.gov/naics.
(6) The department of labor and economic opportunity
shall supply copies of the forms provided for in these
rules and compile, correct, and analyze data obtained
pursuant to these rules. The department shall process
petitions for exceptions to these rules from public
employers. The Occupational Safety and Health
Administration (OSHA) of the United States Department
of Labor shall process petitions for exceptions from
private employers to ensure uniformity between federal
and state rules.
R 408.22104 Definitions; A to D.
Rule 1104. (1) "Act" means the Michigan occupational
safety and health act (MIOSHA), 1974 PA 154, MCL
408.1001 to 408.1094.
(2) "Affected employee" means an employee who is
affected by the granting or denial of an exception, or an
authorized representative as defined by the act.
(3) “Amputation” means the traumatic loss of a limb or
other external body part. Amputation includes all of the
following:
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(a) A part, such as a limb or appendage, that has been
severed, cut off, or amputated, either completely or
partially.
(b) Fingertip amputations with or without bone loss.
(c) Medical amputations resulting from irreparable
damage.
(d) Amputations of body parts that have since been
reattached. Amputations do not include avulsions,
enucleations, deglovings, scalpings, severed ears, or
broken or chipped teeth.
(4) "Department" means the department of labor and
economic opportunity.
(5) "Director" means the director of the department of
labor and economic opportunity.
R 408.22105 Definitions; E, F.
Rule 1105. (1) “Employer” means an individual or
organization, including the state or a political
subdivision, which employs 1 or more person.
(2) “Establishment” means a single physical
location where business is conducted or where services
or industrial operations are performed. For activities
where employees do not work at a single physical
location, such as construction; transportation;
communications; electric, gas, and sanitary services;
and similar operations, the establishment is represented
by main or branch offices, terminals, stations, and the
like that either supervise the activities or are the base
from which personnel carry out the activities. The
following are examples of an establishment:
(a) Factory.
(b) Mill.
(c) Store.
(d) Hotel.
(e) Restaurant.
(f) Movie theater.
(g) Farm.
(h) Ranch.
(i) Bank.
(j) Sales office.
(k) Warehouse.
(l) Central administrative office.
(m) Single school within a school district.
(n) City garage within the department of public
works.
(o) Branch office of the department of state.
(p) Police station within the police department of
a city.
(3) “First-aid” means any of the following:
(a) Using a nonprescription medication at
nonprescription strength. For medications available in
both prescription and nonprescription form, a
recommendation by a physician or other licensed health
care professional to use a nonprescription medication at
prescription strength is considered medical treatment
for recordkeeping purposes.
(b) Administering tetanus immunizations. Other
immunizations, such as hepatitis B vaccine or rabies
vaccine, are considered medical treatment.
(c) Cleaning, flushing, or soaking wounds on the
surface of the skin.
(d) Using wound coverings such as bandages,
Band-aids
tm
, gauze pads, or the like; or using butterfly
bandages or Steri-strips
tm
. Other wound closing
devices, such as sutures, staples, and the like, are
considered medical treatment.
(e) Using hot or cold therapy.
(f) Using any nonrigid means of support, such as
elastic bandages, wraps, nonrigid back belts, or the like.
Devices that have rigid stays or other systems designed
to immobilize parts of the body are considered medical
treatment for recordkeeping purposes.
(g) Using temporary immobilization devices while
transporting an accident victim, such as splints, slings,
neck collars, backboards, and the like.
(h) Drilling of a fingernail or toenail to relieve
pressure, or draining fluid from a blister.
(i) Using eye patches.
(j) Removing foreign bodies from the eye using
only irrigation or a cotton swab.
(k) Removing splinters or foreign material from
areas other than the eye by irrigation, tweezers, cotton
swabs, or other simple means.
(l) Using finger guards.
(m) Using massages. Physical therapy or
chiropractic treatment is considered medical treatment
for recordkeeping purposes.
(n) Drinking fluids for relief of heat stress.
R 408.22106 Definitions; H to M.
Rule 1106. (1) “Hospitalization” means the inpatient
admission to a hospital for treatment, observation, or
any other reason.
(2) “Inpatient hospitalization” means the formal
admission to the inpatient service of a hospital or clinic
for care or treatment.
(3) "Medical treatment" means the management
and care of a patient to combat disease or disorder. For
the purposes of these rules, "medical treatment" does
not include any of the following:
(a) Visits to a physician or other licensed health
care professional solely for observation or counseling.
(b) The conduct of diagnostic procedures, such
as x-rays and blood tests, including the administration
of prescription medications used solely for diagnostic
purposes, for example, eye drops to dilate pupils.
(c) "First-aid" as defined in R 408.22105(3).
R 408.22107 Definitions; O to Y.
Rule 1107. (1) "Occupational injury or illness" means
an abnormal condition or disorder. Occupational injury
is a result of a work accident or from an exposure
involving a single incident in the work environment and
includes, but is not limited to, a cut, fracture, sprain, or
amputation. Occupational illnesses include both acute
and chronic illnesses, including, but not limited to, a skin
disease, respiratory disorder, or poisoning. Injuries and
illnesses are recordable only if they are new, work-
related cases that meet 1 or more of the recording
criteria of these rules.
(2) "Other potentially infectious material" means other
potentially infectious material as defined in General
Industry Safety and Health Standard Part 554.
“Bloodborne Infectious Diseases,” as referenced in R
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408.22102a. These materials include the following:
(a) Human bodily fluids, tissues, and organs.
(b) Other materials infected with the HIV or hepatitis B
(HBV) virus, such as laboratory cultures or tissues from
experimental animals.
(3) "Physician or other licensed health care
professional" means a physician or other licensed
health care professional who is an individual and whose
legally permitted scope of practice, that is, license,
registration, or certification, allows him or her to
independently perform, or be delegated the
responsibility to perform, the activities described by
these rules.
(4) "Recordable injuries and illness" means an injury or
illness that meets the general recording criteria, and
therefore is recordable, if it results in any of the
following:
(a) Death.
(b) Days away from work.
(c) Restricted work or transfer to another job.
(d) Medical treatment beyond first-aid.
(e) Loss of consciousness.
An employer must also consider a case as meeting the
general recording criteria if it involves a significant injury
or illness diagnosed by a physician or other licensed
health care professional, even if it does not result in
death, days away from work, restricted work or job
transfer, medical treatment beyond first-aid, or loss of
consciousness.
(5) "Standard threshold shift" means a change in the
hearing threshold relative to the baseline audiogram of
an average of 10 dB or more at 2000, 3000, and 4000
Hz in either ear.
(6) "You" means an employer as defined in section 5
of the act, MCL 408.1005.
R 408.22109 Recording criteria.
Rule 1109. (1) Each employer required to keep
records of fatalities, injuries, and illnesses must record
each fatality, injury, and illness that involves all of the
following:
(a) Is work-related.
(b) Is a new case.
(c) Meets 1 or more of the general recording
criteria of R 408.22112 to R 408.22112f or the
application to specific cases of R 408.22113 to
R 408.22119.
(2) What sections of this rule describe recording
criteria for recording work-related injuries and illnesses?
The following list indicates which rules address
each topic:
(a) Determination of work-relatedness. See
R 408.22110 to R 408.22110b.
(b) Determination of a new case. See
R 408.22111.
(c) General recording criteria. See R 408.22112
to R 408.22112f.
(d) Additional criteria such as needlestick and
sharps injury cases, tuberculosis cases, and medical
removal cases. See R 408.22113 to R 408.22119.
(3) How do I decide whether a particular injury or
illness is recordable?
The following decision tree for recording
work-related injuries and illnesses shows the steps
involved in making this determination:
NO
Did the employee experience an
injury or illness?
Is the injury or
illness work-related?
Is the injury
or illness a new case?
Update the previously
recorded injury or illness
entry if necessary.
Does the injury or illness meet the
general recording criteria
or the application to specific cases?
Record the
injury or illness.
Do not record the
injury or illness.
NO
YES
NO
NO
NO
YES
YES
YES
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DETERMINATION OF WORK-RELATEDNESS
R 408.22110 Basic requirement.
Rule 1110. You must consider an injury or illness to be
work-related if an event or exposure in the work
environment either caused or contributed to the
resulting condition or significantly aggravated a
preexisting injury or illness. Work-relatedness is
presumed for injuries and illnesses resulting from events
or exposures occurring in the work environment, unless
an exception in R 408.22110a(5) specifically applies.
R 408.22110a Implementation.
Rule 1110a. (1) What is the "work environment"?
MIOSHA defines the work environment as “the
establishment and other locations where 1 or more
employees are working or are present as a condition of
their employment. The work environment includes not
only physical locations, but also the equipment or
materials used by the employee during the course of his
or her work.”
(2) May 1 business location include 2 or more
establishments?
Normally, 1 business location has only 1
establishment. Under limited conditions, an employer
may consider 2 or more separate businesses that share
a single location to be separate establishments. An
employer may divide 1 location into 2 or more
establishments only when all of the following provisions
apply:
(a) Each of the establishments represents a
distinctly separate business.
(b) Each business is engaged in a different
economic activity.
(c) A single industry description in the North
American Industry Classification System Manual
(NAICS) does not apply to the joint activities of the
establishments
(d) Separate reports are routinely prepared for
each establishment on the number of employees, their
wages and salaries, sales or receipts, and other
business information. For example, if an employer
operates a construction company at the same location
as a lumber yard, the employer may consider each
business to be a separate establishment.
(3) May an establishment include more than 1
physical location?
Yes, but only under certain conditions. An employer
may combine 2 or more physical locations into a single
establishment only when all of the following provisions
apply:
(a) The employer operates the locations as a
single business operation under common management.
(b) The locations are all located in close proximity
to each other.
(c) The employer keeps 1 set of business records
for the locations, such as records on the number of
employees, their wages and salaries, sales or receipts,
and other kinds of business information. For example, 1
manufacturing establishment might include the main
plant, a warehouse a few blocks away, and an
administrative services building across the street.
(4) If an employee telecommutes from home, is
his or her home considered a separate establishment?
No. For an employee who telecommutes from
home, the employee's home is not a business
establishment and a separate 300 Log is not required.
An employee who telecommutes must be linked to 1 of
your establishments under R 408.22130(4).
(5) Are there situations where an injury or illness
occurs in the work environment and is not considered
work-related?
Yes. An injury or illness occurring in the work
environment that falls under any of the following
exceptions is not work-related, and therefore is not
recordable:
7
R 408.22110a(5)
YOU ARE NOT REQUIRED TO RECORD
INJURIES AND ILLNESSES IF...
(a)
At the time of the
injury or illness, the employee was present in the work
environment as a member of the general public rather than as an employee.
(b)
The injury or illness involves signs or symptoms that surface at work but result
solely from a non-work-
related event or exposure that occurs outside the
work environment.
(c)
The injury or illness results solely from voluntary participation in a wellness
program or in a medical, fitness, or recreational activity such as blood
donation, physical examination, flu shot, exercise class, racquetball, or
baseball.
(d)
The injury or illness is solely the result of an employee eating, drinking, or
preparing food or drink for personal consumption whether bought on the
employer's premises or brought in. For example, if the employee is injured by
choking on a sandwich while in the employer's establishment, the case would
not be considered work-related.
Note: If the employee is made ill by ingesting food contaminated by
workplace contaminants, such as lead, or gets food poisoning from food
supplied by the employer, then the case would be considered work-related.
(e)
The injury or illness is solely the result of an employee doing personal tasks,
unrelated to his or her employment, at the establishment outside of the
employee's assigned working hours.
(f)
The injury or illness is solely the result of personal grooming, self-
medication
for a non-work-related condition, or is intentionally self-inflicted.
(g)
The injury or illness is caused by a motor vehicle accident and occurs on a
company parking lot or company access road while the employee is
commuting to or from work.
(h)
The illness is
the common cold or flu. Note: Contagious diseases such as
tuberculosis, brucellosis, hepatitis A, or plague are considered work-
related
if the employee is infected at work.
(i)
The illness is a mental illness. Mental illness will not be considered
work-
related unless the employee voluntarily provides the employer with an
opinion from a physician or other licensed health care professional who has
appropriate training and experience, such as a psychiatrist, psychologist,
psychiatric nurse practitioner, or
the like, stating that the employee has a
mental illness that is work-related.
8
R 408.22110b How to handle unusual cases.
Rule 1110b. (1) How do I handle a case if it is not
obvious whether the precipitating event or exposure
occurred in the work environment or occurred away from
work?
In these situations, you must evaluate the
employee's work duties and environment to decide
whether or not 1 or more events or exposures in the
work environment either caused or contributed to the
resulting condition or significantly aggravated a
preexisting condition.
(2) How do I know if an event or exposure in the
work environment "significantly aggravated" a
preexisting injury or illness?
A preexisting injury or illness has been significantly
aggravated, for purposes of MIOSHA injury and illness
recordkeeping, when an event or exposure in the work
environment results in any of the following:
(a) Death, if the preexisting injury or illness would
likely not have resulted in death but for the occupational
event or exposure.
(b) Loss of consciousness, provided that the
preexisting injury or illness would likely not have
resulted in loss of consciousness but for the
occupational event or exposure.
(c) One or more days away from work, or days of
restricted work, or days of job transfer that otherwise
would not have occurred but for the occupational event
or exposure.
(d) Medical treatment in a case where medical
treatment was not needed for the injury or illness before
the workplace event or exposure, or a change in medical
treatment was necessitated by the workplace event or
exposure.
(3) Which injuries and illnesses are considered
preexisting conditions?
An injury or illness is a preexisting condition if it
resulted solely from a non-work-related event or
exposure that occurred outside the work environment.
(4) How do I decide whether an injury or illness is
work-related if the employee is on travel status at the
time the injury or illness occurs?
Injuries and illnesses that occur while an employee
is on travel status are work-related if, at the time of the
injury or illness, the employee was engaged in work
activities "in the interest of the employer." Examples of
such activities include travel to and from customer
contacts, conducting job tasks, and entertaining or being
entertained to transact, discuss, or promote business.
Work-related entertainment includes only entertainment
activities being engaged in at the direction of the
employer.
(5) Injuries or illnesses that occur when the
employee is on travel status do not have to be recorded
if the injuries or illnesses meet any of the following
exceptions:
9
R 408.22110b(4)
If the employee
has ...:
You may use the following to determine
if an injury or illness is work-related.
(a) Checked into a
hotel or motel for
1 or more days.
When a
traveling employee checks into a hotel, motel, or
other temporary residence, he or she establishes a
"home away from home." You must evaluate the
employee's activities after he or she checks into the hotel,
motel, or other temporary residence for his or h
er
work-
relatedness in the same manner as you evaluate
the activities of a non-
traveling employee. When the
employee checks into the temporary residence, he or she
is considered to have left the work environment. When
the employee begins work each day, he or she re-
enters
the work environment. If the employee has established
a "home away from home" and is reporting to a fixed
worksite each day, you also do not consider injuries or
illnesses work-
related if they occur while the employee is
commuting between the temporary residence and the job
location.
(b) Taken a detour
for personal
reasons.
Injuries or illnesses are not considered work-
related if
they occur while the employee is on a personal detour
from a reasonably direct route of travel, that is, has taken
a side trip for personal reasons.
(6) How do I decide if a case is work-related when
the employee is working at home?
Injuries and illnesses that occur while an employee
is working at home, including work in a home office, will
be considered work-related if the injury or illness occurs
while the employee is performing work for pay or
compensation in the home, and the injury or illness is
directly related to the performance of work rather than
to the general home environment or setting. For
example, if an employee drops a box of work documents
and injures his or her foot, the case is considered
work-related. If an employee's fingernail is punctured by
a needle from a sewing machine used to perform
garment work at home, becomes infected and requires
medical treatment, the injury is considered work-related.
If an employee is injured because he or she trips on the
family dog while rushing to answer a work phone call,
the case is not considered work-related. If an employee
working at home is electrocuted because of faulty home
wiring, the injury is not considered work-related.
R 408.22111 Determination of new cases.
Rule 1111. (1) Basic requirement. You must consider
an injury or illness to be a "new case" if either of the
following applies:
(a) The employee has not previously experienced
a recorded injury or illness of the same type that affects
the same part of the body.
(b) The employee previously experienced a
recorded injury or illness of the same type that affected
the same part of the body but had recovered completely
(all signs and symptoms had disappeared) from the
previous injury or illness and an event or exposure in the
work environment caused the signs or symptoms to
reappear.
(2) Implementation. When an employee
experiences the signs or symptoms of a chronic
work-related illness, do I need to consider each
recurrence of signs or symptoms to be a new case?
No, for occupational illnesses where the signs or
symptoms may recur or continue in the absence of an
exposure in the workplace, the case must only be
recorded once.
Examples include occupational cancer, asbestosis,
byssinosis, and silicosis.
(3) When an employee experiences the signs or
symptoms of an injury or illness as a result of an event
or exposure in the workplace, such as an episode of
occupational asthma, must I treat the episode as a new
case?
Yes, because the episode or recurrence was
caused by an event or exposure in the workplace, the
incident must be treated as a new case.
(4) May I rely on a physician or other licensed
health care professional to determine whether a case is
a new case or a recurrence of an old case?
You are not required to seek the advice of a
physician or other licensed health care professional.
However, if you do seek such advice, you must follow
the physician or other licensed health care
professional's recommendation about whether the case
is a new case or a recurrence. If you receive
recommendations from 2 or more physicians or other
licensed health care professionals, you must make a
decision as to which recommendation is the most
authoritative (best documented, best reasoned, or most
authoritative), and record the case based upon that
recommendation.
10
GENERAL RECORDING CRITERIA
R 408.22112 Basic requirement.
Rule 1112. (1) You must consider an injury or illness to
meet the general recording criteria, and therefore to be
recordable, if the injury or illness results in any of the
following:
(a) Death.
(b) Days away from work.
(c) Restricted work or transfer to another job.
(d) Medical treatment beyond first-aid.
(e) Loss of consciousness.
(2) You must consider a case to meet the general
recording criteria if it involves a significant injury or
illness diagnosed by a physician or other licensed health
care professional, even if it does not result in death,
days away from work, restricted work or job transfer,
medical treatment beyond first-aid, or loss of
consciousness.
R 408.22112a Implementation.
Rule 1112a. (1) How do I decide if a case meets 1
or more of the general recording criteria?
A work-related injury or illness must be recorded if it
results in 1 or more of the following:
(a) Death. See subrule (2) of this rule.
(b) Days away from work. See R 408.22112b.
(c) Restricted work or transfer to another job. See
R 408.22112c.
(d) Medical treatment beyond first-aid. See
R 408.22112d.
(e) Loss of consciousness. See R 408.22112e.
(f) A significant injury or illness diagnosed by a
physician or other licensed health care professional.
See R 408.22112f.
(2) How do I record a work-related injury or illness
that results in the employee's death?
You must record an injury or illness that results in
death by entering a check mark on the MIOSHA 300 Log
in the space for cases resulting in death. You must also
report any work-related fatality to MIOSHA within 8
hours, as required by R 408.22139.
R 408.22112b Record work-related injury or illness
that results in days away from work.
Rule 1112b. (1) How do I record a work-related
injury or illness that results in days away from work?
When an injury or illness involves 1 or more days
away from work, you must record the injury or illness on
the MIOSHA 300 Log with a check mark in the space for
cases involving days away and an entry of the number
of calendar days away from work in the number of days
column. If the employee is out for an extended period of
time, you must enter an estimate of the days that the
employee will be away, and update the day count when
the actual number of days is known.
(2) Do I count the day on which the injury
occurred or the illness began?
No. You begin counting days away on the day after
the injury occurred or the illness began.
(3) How do I record an injury or illness when a
physician or other licensed health care professional
recommends that the worker stay at home but the
employee comes to work anyway?
You must record these injuries and illnesses on the
MIOSHA 300 Log using the check box for cases with
days away from work and enter the number of calendar
days away recommended by the physician or other
licensed health care professional. If a physician or other
licensed health care professional recommends days
away, you should encourage your employee to follow
that recommendation. However, the days away must be
recorded whether the injured or ill employee follows the
physician or licensed health care professional's
recommendation or not. If you receive
recommendations from 2 or more physicians or other
licensed health care professionals, you may make a
decision as to which recommendation is the most
authoritative, and record the case based upon that
recommendation.
(4) How do I handle a case when a physician or
other licensed health care professional recommends
that the worker return to work but the employee stays at
home anyway?
In this situation, you must end the count of days
away from work on the date the physician or other
licensed health care professional recommends that the
employee return to work.
(5) How do I count weekends, holidays, or other
days the employee would not have worked anyway?
You must count the number of calendar days the
employee was unable to work as a result of the injury or
illness, regardless of whether or not the employee was
scheduled to work on those days. Weekend days,
holidays, vacation days, or other days off are included
in the total number of days recorded if the employee
would not have been able to work on those days
because of a work-related injury or illness.
(6) How do I record a case in which a worker is
injured or becomes ill on a Friday and reports to work on
a Monday, and was not scheduled to work on the
weekend?
You need to record this case only if you receive
information from a physician or other licensed health
care professional indicating that the employee should
not have worked, or should have performed only
restricted work, during the weekend. If so, you must
record the injury or illness as a case with days away
from work or restricted work, and enter the day counts,
as appropriate.
(7) How do I record a case in which a worker is
injured or becomes ill on the day before scheduled time
off such as a holiday, a planned vacation, or a temporary
plant closing?
You need to record a case of this type only if you
receive information from a physician or other licensed
health care professional indicating that the employee
should not have worked, or should have performed only
restricted work, during the scheduled time off. If so, you
must record the injury or illness as a case with days
away from work or restricted work, and enter the day
counts, as appropriate.
11
(8) Is there a limit to the number of days away
from work I must count?
Yes. You may "cap" the total days away at 180
calendar days. You are not required to keep track of the
number of calendar days away from work if the injury or
illness resulted in more than 180 calendar days away
from work or days of job transfer or restriction, or both.
In such a case, entering 180 in the total days away
column will be considered adequate.
(9) May I stop counting days if an employee who
is away from work because of an injury or illness retires
or leaves my company?
Yes. If the employee leaves your company for some
reason unrelated to the injury or illness, such as
retirement, a plant closing, or to take another job, you
may stop counting days away from work or days of
restriction or job transfer. If the employee leaves your
company because of the injury or illness, you must
estimate the total number of days away or days of
restriction or job transfer and enter the day count on the
MIOSHA 300 Log.
(10) If a case occurs in one year but results in days
away during the next calendar year, do I record the case
in both years?
No. You only record the injury or illness once. You
must enter the number of calendar days away for the
injury or illness on the MIOSHA 300 Log for the year in
which the injury or illness occurred. If the employee is
still away from work because of the injury or illness when
you prepare the annual summary, estimate the total
number of calendar days you expect the employee to be
away from work, use this number to calculate the total
for the annual summary, and then update the initial log
entry later when the day count is known or reaches the
180-day cap.
R 408.22112c Record work-related injury or illness
that results in restricted work or job transfer.
Rule 1112c. (1) How do I record a work-related
injury or illness that results in restricted work or job
transfer?
When an injury or illness involves restricted work or
job transfer but does not involve death or days away
from work, you must record the injury or illness on the
MIOSHA 300 Log by placing a check mark in the space
for job transfer or restriction and an entry of the number
of restricted or transferred days in the restricted
workdays column.
(2) How do I decide if the injury or illness resulted
in restricted work?
Restricted work occurs when, as the result of a
work-related injury or illness, either of the following
occurs:
(a) You keep the employee from performing 1 or
more of the routine functions of his or her job, or from
working the full workday that he or she would otherwise
have been scheduled to work.
(b) A physician or other licensed health care
professional recommends that the employee not
perform 1 or more of the routine functions of his or her
job, or not work the full workday that he or she would
otherwise have been scheduled to work.
(3) What is meant by "routine functions"?
For recordkeeping purposes, an employee's routine
functions are those work activities the employee
regularly performs at least once per week.
(4) Am I required to record restricted work or job
transfer if it applies only to the day on which the injury
occurred or the illness began?
No. You are not required to record restricted work
or job transfers if you, or the physician or other licensed
health care professional, impose the restriction or
transfer only for the day on which the injury occurred or
the illness began.
(5) If you or a physician or other licensed health
care professional recommends a work restriction, is the
injury or illness automatically recordable as a "restricted
work" case?
No. A recommended work restriction is recordable
only if it affects 1 or more of the employee's routine job
functions. To determine whether this is the case, you
must evaluate the restriction in light of the routine
functions of the injured or ill employee's job. If the
restriction from you or the physician or other licensed
health care professional keeps the employee from
performing 1 or more of his or her routine job functions,
or from working the full workday the injured or ill
employee would otherwise have worked, the
employee's work has been restricted and you must
record the case.
(6) How do I record a case where the worker
works only for a partial work shift because of a
work-related injury or illness?
A partial day of work is recorded as a day of job
transfer or restriction for recordkeeping purposes,
except for the day on which the injury occurred or the
illness began.
(7) If the injured or ill worker produces fewer
goods or services than he or she would have produced
before the injury or illness, but otherwise performs all of
the routine functions of his or her work, is the case
considered a restricted work case?
No. The case is considered restricted work only if
the worker does not perform all of the routine functions
of his or her job or does not work the full shift that he or
she would otherwise have worked.
(8) How do I handle vague restrictions from a
physician or other licensed health care professional,
such as that the employee engage only in "light duty" or
"take it easy for a week"?
If you are not clear about the physician or other
licensed health care professional's recommendation,
you may ask that person whether the employee can do
all of his or her routine job functions and work all of his
or her normally assigned work shift. If the answer to both
of these questions is "yes," then the case does not
involve a work restriction and does not have to be
recorded as such. If the answer to 1 or both of these
questions is "no," the case involves restricted work and
must be recorded as a restricted work case. If you are
unable to obtain this additional information from the
physician or other licensed health care professional who
recommended the restriction, then record the injury or
illness as a case involving restricted work.
12
(9) What do I do if a physician or other licensed
health care professional recommends a job restriction
meeting MIOSHA's definition, but the employee does all
of his or her routine job functions anyway?
You must record the injury or illness on the MIOSHA
300 Log as a restricted work case. If a physician or other
licensed health care professional recommends a job
restriction, you should ensure that the employee
complies with that restriction. If you receive
recommendations from 2 or more physicians or other
licensed health care professionals, you may make a
decision as to which recommendation is the most
authoritative, and record the case based upon that
recommendation.
(10) How do I decide if an injury or illness involved
a transfer to another job?
If you assign an injured or ill employee to a job other
than his or her regular job for part of the day, the case
involves transfer to another job. Note: This does not
include the day on which the injury or illness occurred.
(11) Are transfers to another job recorded in the
same way as restricted work cases?
Yes. Both job transfer and restricted work cases are
recorded in the same box on the MIOSHA 300 Log. For
example, if you assign, or a physician or other licensed
health care professional recommends that you assign,
an injured or ill worker to his or her routine job duties for
part of the day and to another job for the rest of the day,
the injury or illness involves a job transfer. You must
record an injury or illness that involves a job transfer by
placing a check in the box for job transfer.
(12) How do I count days of job transfer or
restriction?
You count days of job transfer or restriction in the
same way you count days away from work, using
R 408.22112b (2) to (9). The only difference is that, if
you permanently assign the injured or ill employee to a
job that has been modified or permanently changed in a
manner that eliminates the routine functions the
employee was restricted from performing, you may stop
the day count when the modification or change is made
permanent. You must count at least 1 day of restricted
work or job transfer for such cases.
R 408.22112d Recording injury or illness that
involves medical treatment beyond first-aid.
Rule 1112d. (1) How do I record an injury or illness
that involves medical treatment beyond first-aid?
If a work-related injury or illness results in medical
treatment beyond first-aid, you must record it on the
MIOSHA 300 Log. If the injury or illness did not involve
death, 1 or more days away from work, 1 or more days
of restricted work, or 1 or more days of job transfer, you
enter a check mark in the box for cases where the
employee received medical treatment but remained at
work and was not transferred or restricted.
(2) What is the definition of medical treatment?
"Medical treatment" means the management and
care of a patient to combat disease or disorder. For the
purposes of these rules, medical treatment does not
include any of the following:
(a) Visits to a physician or other licensed health
care professional solely for observation or counseling.
(b) The conduct of diagnostic procedures, such
as X-rays and blood tests, including the administration
of prescription medications used solely for diagnostic
purposes, such as eye drops to dilate pupils.
(c) "First-aid" as defined in subrule (3) of this rule.
(3) What is "first-aid"?
For the purposes of these rules, "first-aid" means
any of the following:
(a) Using a nonprescription medication at
nonprescription strength. For medications available in
both prescription and nonprescription form, a
recommendation by a physician or other licensed health
care professional to use a nonprescription medication at
prescription strength is considered medical treatment
for recordkeeping purposes.
(b) Administering tetanus immunizations.
Administering other immunizations, such as hepatitis B
vaccine or rabies vaccine, is considered medical
treatment.
(c) Cleaning, flushing, or soaking wounds on the
surface of the skin.
(d) Using wound coverings such as bandages,
Band-aids
TM
, gauze pads, or the like; or using butterfly
bandages or Steri-strips
TM
. Using other wound closing
devices, such as sutures, staples, or the like, is
considered medical treatment.
(e) Using hot or cold therapy.
(f) Using any nonrigid means of support, such as
elastic bandages, wraps, nonrigid back belts, or the like.
Using devices that have rigid stays or other systems
designed to immobilize parts of the body is considered
medical treatment for recordkeeping purposes.
(g) Using temporary immobilization devices while
transporting an accident victim, such as splints, slings,
neck collars, back boards, and the like.
(h) Drilling of a fingernail or toenail to relieve
pressure, or draining fluid from a blister.
(i) Using eye patches.
(j) Removing foreign bodies from the eye using
only irrigation or a cotton swab.
(k) Removing splinters or foreign material from
areas other than the eye by irrigation, tweezers, cotton
swabs, or other simple means.
(l) Using finger guards.
(m) Using massages. Physical therapy or
chiropractic treatment is considered medical treatment
for recordkeeping purposes.
(n) Drinking fluids for relief of heat stress.
(4) Are any other procedures included in first-aid?
No. This is a complete list of all treatments
considered first-aid for the purposes of these rules.
(5) Does the professional status of the person
providing the treatment have any effect on what is
considered first-aid or medical treatment?
No. MIOSHA considers the treatments listed in
subrule (3) of this rule to be first-aid regardless of the
professional status of the person providing the
treatment. Even when these treatments are provided by
a physician or other licensed health care professional,
they are considered first-aid. Similarly, MIOSHA
13
considers treatment beyond first-aid to be medical
treatment even when it is provided by someone other
than a physician or other licensed health care
professional
(6) What if a physician or other licensed health
care professional recommends medical treatment but
the employee does not follow the recommendation?
If a physician or other licensed health care
professional recommends medical treatment, you
should encourage the injured or ill employee to follow
that recommendation. However, you must record the
case even if the injured or ill employee does not follow
the physician or other licensed health care
professional's recommendation.
R 408.22112e Record of work-related injury or
illness case involving loss of consciousness
recordable.
Rule 1112e. Is every work-related injury or illness case
involving a loss of consciousness recordable?
Yes. You must record a work-related injury or illness
if the worker becomes unconscious, regardless of the
length of time the employee remains unconscious.
R 408.22112f "Significant" diagnosed injury or
illness that is recordable,
Rule 1112f. What is a "significant" diagnosed injury or
illness that is recordable under the general criteria, even
if it does not result in death, days away from work,
restricted work or job transfer, medical treatment
beyond first-aid, or loss of consciousness?
Work-related cases involving cancer, a chronic
irreversible disease, a fractured or cracked bone, or a
punctured eardrum must always be recorded under the
general criteria at the time of diagnosis by a physician
or other licensed health care professional.
Note: Most significant injuries and illnesses will
result in 1 of the criteria listed in R 408.22112, such as
death, days away from work, restricted work or job
transfer, medical treatment beyond first-aid, or loss of
consciousness. However, there are some significant
injuries, such as a punctured eardrum or a fractured toe
or rib, for which neither medical treatment nor work
restrictions may be recommended. In addition, there are
certain significant progressive diseases, such as
byssinosis, silicosis, and certain types of cancer, for
which medical treatment or work restrictions may not be
recommended at the time of diagnosis but are likely to
be recommended as the disease progresses. Cancer,
chronic irreversible diseases, fractured or cracked
bones, and punctured eardrums are generally
considered significant injuries and illnesses, and must
be recorded at the initial diagnosis even if medical
treatment or work restrictions are not recommended, or
are postponed, in a particular case.
R 408.22113 Recording criteria for needlestick and
sharps injuries.
Rule 1113. (1) You must record all work-related
needlestick injuries and cuts from sharp objects that are
contaminated with another person’s blood or other
potentially infectious material, as defined in
Occupational Health Standard Part 554 “Bloodborne
Infectious Diseases,” as referenced in R 408.22102a.
You must enter the case on the MIOSHA 300 Log as an
injury. To protect the employee’s privacy, you may not
enter the employee’s name on the MIOSHA 300 Log
(see the requirements for privacy cases in
R 408.22129(7) to (10).
(2) What does "other potentially infectious
material” mean?
The term "other potentially infectious material” is
defined in R 408.22107(2). These materials include the
following:
(a) Human bodily fluids, tissues, and organs.
(b) Other materials infected with the HIV or
hepatitis B (HBV) virus, such as laboratory cultures or
tissues from experimental animals.
(3) Does this mean that I must record all cuts,
lacerations, punctures, and scratches?
No, you need to record cuts, lacerations, punctures,
and scratches only if they are work-related and involve
contamination with another person’s blood or other
potentially infectious material. If the cut, laceration, or
scratch involves a clean object, or a contaminant other
than blood or other potentially infectious material, you
need to record the case only if it meets 1 or more of the
recording criteria in R 408.22112 to R 408.22112f.
(4) If I record an injury and the employee is later
diagnosed with an infectious bloodborne disease, do I
need to update the MIOSHA 300 Log?
Yes, you must update the classification of the case
on the MIOSHA 300 Log if the case results in death,
days away from work, restricted work, or job transfer.
You must also update the description to identify the
infectious disease and change the classification of the
case from an injury to an illness.
(5) What if one of my employees is splashed or
exposed to blood or other potentially infectious material
without being cut or scratched? Do I need to record this
incident?
You need to record such an incident on the MIOSHA
300 Log as an illness if any of the following provisions
apply:
(a) It results in the diagnosis of a bloodborne
illness, such as HIV, hepatitis B, or hepatitis C.
(b) It meets 1 or more of the recording criteria in
R 408.22112 to R 408.22112f.
R 408.22114 Recording criteria for cases involving
medical removal under MIOSHA standards.
Rule 1114. (1) Basic requirement. If an employee is
medically removed under the medical surveillance
requirements of an MIOSHA standard, you must record
the case on the MIOSHA 300 Log.
(2) All of the following apply to implementation of
subrule (1) of this rule:
(a) How do I classify medical removal cases on
the MIOSHA 300 Log?
You must enter each medical removal case on the
MIOSHA 300 Log as either a case involving days away
from work or a case involving restricted work activity,
depending on how you decide to comply with the
medical removal requirement. If the medical removal is
14
the result of a chemical exposure, you must enter the
case on the MIOSHA 300 Log by checking the
"poisoning" column.
(b) Do all of MIOSHA's standards have medical
removal provisions?
No, some MIOSHA standards, such as the
standards covering bloodborne pathogens and noise,
do not have medical removal provisions. Many MIOSHA
standards that cover specific chemical substances have
medical removal provisions. These standards include,
but are not limited to, lead, cadmium, methylene
chloride, formaldehyde, and benzene.
(c) Am I required to record a case where I
voluntarily removed the employee from exposure before
the medical removal criteria in a MIOSHA standard are
met?
No, if the case involves voluntary medical removal
before the medical removal levels required by a
MIOSHA standard, you do not need to record the case
on the MIOSHA 300 Log.
R 408.22115 Recording criteria for cases involving
occupational hearing loss, after January 1, 2003.
Rule 1115. (1) If an employee's hearing test
(audiogram) reveals that the employee has experienced
a work-related standard threshold shift (STS) in hearing
in 1 or both ears, and the employee's total hearing level
is 25 decibels (dB) or more above audiometric zero
(averaged at 2000, 3000, and 4000 Hz) in the same ear
or ears as the STS, you must record the case on the
MIOSHA 300 Log, column 5.
(2) What is a standard threshold shift?
A standard threshold shift, or STS, is defined in
Occupational Health Standard Part 380 “Occupational
Noise Exposure in General Industry” as referenced in
R 408.22102a, as a change in hearing threshold,
relative to the baseline audiogram for that employee, of
an average of 10 decibels (dB) or more at 2000, 3000,
and 4000 hertz (Hz) in 1 or both ears.
(3) How do I evaluate the current audiogram to
determine whether an employee has an STS and a 25
dB hearing level?
(a) If the employee has never previously
experienced a recordable hearing loss, then you must
compare the employee's current audiogram with that
employee's baseline audiogram. If the employee has
previously experienced a recordable hearing loss, then
you must compare the employee's current audiogram
with the employee's revised baseline audiogram, which
is the audiogram reflecting the employee's previous
recordable hearing loss case.
(b) 25 dB loss. Audiometric test results reflect the
employee's overall hearing ability in comparison to
audiometric zero. Therefore, using the employee's
current audiogram, you must use the average hearing
level at 2000, 3000, and 4000 Hz to determine if the
employee's total hearing level is 25 dB or more.
(4) May I adjust the current audiogram to reflect
the effects of aging on hearing?
Yes. When you are determining whether an STS
has occurred, you may age adjust the employee's
current audiogram results by using Table 4, as
appropriate, from Occupational Health Standard Part
380 “Occupational Noise Exposure in General Industry”
as referenced in R 408.22102a. You may not use an
age adjustment when determining whether the
employee's total hearing level is 25 dB or more above
audiometric zero.
(5) Am I required to record the hearing loss if I am
going to retest the employee's hearing?
No. If you retest the employee's hearing within 30
days of the first test, and the retest does not confirm the
recordable STS, you are not required to record the
hearing loss case on the MIOSHA 300 Log. If the retest
confirms the recordable STS, you must record the
hearing loss illness within 7 calendar days of the retest.
If subsequent audiometric testing performed under the
testing requirements of Occupational Health Standard
Part 380 “Occupational Noise Exposure in General
Industry” as referenced in R 408.22102a, indicates that
an STS is not persistent, then you may erase or line-out
the recorded entry.
(6) Are there any special rules for determining
whether a hearing loss case is work-related?
No. You must use the requirements in R 408.22110
to R 408.22110b to determine if the hearing loss is
work-related. If an event or exposure in the work
environment either caused or contributed to the hearing
loss, or significantly aggravated a pre-existing hearing
loss, you must consider the case to be work-related.
(7) If a physician or other licensed health care
professional determines that the hearing loss is not
work-related or has not been significantly aggravated by
occupational noise exposure, you are not required to
consider the case work-related or to record the case on
the MIOSHA 300 Log.
(8) How do I complete the MIOSHA 300 Log for a
hearing loss case?
When you enter a recordable hearing loss case on
the MIOSHA 300 Log, you must check the 300 Log
column for hearing loss.
R 408.22117 Recording criteria for work-related
tuberculosis cases.
Rule 1117. (1) If any of your employees has been
occupationally exposed to anyone with a known case of
active tuberculosis (TB), and that employee
subsequently develops a tuberculosis infection, as
evidenced by a positive skin test or diagnosis by a
physician or other licensed health care professional, you
must record the case on the MIOSHA 300 Log by
checking the "respiratory condition" column.
(2) Am I required to record, on the log, a positive
TB skin test result obtained at a pre-employment
physical?
No. You are not required to record it because the
employee was not occupationally exposed to a known
case of active tuberculosis in your workplace.
(3) May I line-out or erase a recorded TB case if I
obtain evidence that the case was not caused by
occupational exposure?
Yes. You may line-out or erase the case from the
log under any of the following circumstances:
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(a) The worker is living in a household with a
person who has been diagnosed with active TB.
(b) The department of community health has
identified the worker as a contact of an individual with a
case of active TB unrelated to the workplace.
(c) A medical investigation shows that the
employee's infection was caused by exposure to TB
away from work, or proves that the case was not related
to the workplace TB exposure.
R 408.22118 Falsification, or failure to keep records
or reports.
Rule 1118. (1) Whoever knowingly makes a false
statement, representation, or certification in an
application, record, report, plan or other document filed
or required to be maintained pursuant to the act, or fails
to maintain or transmit records or reports as required
under the act, shall be subjected to the provisions of
section 35(7) of the act.
(2) Failure to maintain records or file reports
required by this part, or in the details required by forms
and instructions issued under this part, is a violation of
the act and may result in the issuance of citations and
assessment of penalties as provided for in sections 33,
35, 41, and 42 of the act.
R 408.22119 Record keeping on federal OSHA
forms.
Rule 1119. Records maintained by an employer
pursuant to this standard on the federal record keeping
forms shall be regarded as in compliance with the state
requirements as provided in this standard. The OSHA
forms are the following:
(a) OSHA Form 300A “Summary of Work-Related
Injuries and Illnesses.”
(b) OSHA Form 300 “Log of Work-Related
Injuries and Illnesses.”
(c) OSHA Form 301 “Injury and Illness Incident
Report.”.
R 408.22129 Forms.
Rule 1129 (1) You must use MIOSHA 300A, 300, and
301 forms, or equivalent forms, and shall complete the
forms in the detail required by the forms and the
instructions contained in the forms for the purpose of
recording recordable injuries and illnesses. The
MIOSHA forms are the following:
(a) MIOSHA Form 300A “Summary of
Work-Related Injuries and Illnesses.”
(b) MIOSHA Form 300 “Log of Work-Related
Injuries and Illnesses.”
(c) MIOSHA Form 301 “Injury and Illness Incident
Report.”
(2) What do I need to do to complete the MIOSHA
300 Log?
You must enter information about your business at
the top of the MIOSHA 300 Log, enter a 1 or 2-line
description for each recordable injury or illness, and
summarize this information on the MIOSHA 300A at the
end of the year.
(3) What do I need to do to complete the MIOSHA
301 Incident Report?
You must complete a MIOSHA 301 Incident Report
form, or an equivalent form, for each recordable injury
or illness entered on the MIOSHA 300 Log.
(4) How quickly must each injury or illness be
recorded?
You must enter each recordable injury or illness on
the MIOSHA 300 Log and 301 Incident Report within 7
calendar days of receiving information that a recordable
injury or illness has occurred.
(5) What is an equivalent form?
An equivalent form is a form that has the same
information, is as readable and understandable, and is
completed using the same instructions as the MIOSHA
form it replaces. Many employers use an insurance form
instead of the MIOSHA 301 Incident Report, or
supplement an insurance form by adding any additional
information required by MIOSHA.
(6) May I keep my records on a computer?
Yes. If the computer can produce equivalent forms
when they are needed as described under R 408.22135
and R 408.22140 you may keep your records using the
computer system.
(7) Are there situations where I do not put the
employee's name on the forms for privacy reasons?
Yes. If you have a "privacy concern case” you may
not enter the employee's name on the MIOSHA 300
Log. Instead enter "privacy case" in the space normally
used for the employee's name. This will protect the
privacy of the injured or ill employee when another
employee a former employee or an authorized
employee representative is provided access to the
MIOSHA 300 Log under R 408.22135(3). You must
keep a separate confidential list of the case numbers
and employee names for your privacy concern cases so
you can update the cases and provide the information
to the government if asked to do so.
(8) How do I determine if an injury or illness is a
privacy concern case?
You must consider all of the following injuries or
illnesses to be privacy concern cases:
(a) An injury or illness to an intimate body part or
the reproductive system.
(b) An injury or illness resulting from a sexual
assault.
(c) Mental illnesses.
(d) HIV infection, hepatitis, or tuberculosis.
(e) Needlestick injuries and cuts from sharp
objects that are contaminated with another person's
blood or other potentially infectious material. See
R 408.22113(2) and R 408.22107(2) for definitions.
(f) Other illnesses, if the employee independently
and voluntarily requests that his or her name not be
entered on the log. Musculoskeletal disorders (MSDs)
are not considered privacy concern cases.
(9) May I classify any other types of injuries and
illnesses as privacy concern cases?
No. The list in subrule (8) of this rule is a complete
list of all injuries and illnesses considered privacy
concern cases for the purposes of these rules.
(10) If I have removed the employee's name, but
still believe that the employee may be identified from the
16
information on the forms, is there anything else that I
can do to further protect the employee's privacy?
Yes. If you have a reasonable basis to believe that
information describing the privacy concern case may be
personally identifiable even though the employee's
name has been omitted, you may use discretion in
describing the injury or illness on both the MIOSHA 300
and 301 forms. You must enter enough information to
identify the cause of the incident and the general
severity of the injury or illness, but you do not need to
include details of an intimate or private nature. For
example, a sexual assault case could be described as
"injury from assault," or an injury to a reproductive organ
could be described as "lower abdominal injury."
(11) What must I do to protect employee privacy if
I wish to provide access to the MIOSHA forms 300 and
301 to persons other than government representatives,
employees, former employees, or authorized
representatives?
If you decide to voluntarily disclose the forms to
persons other than government representatives,
employees, former employees, or authorized
representatives, as required by R 408.22135 and
R 408.22140, you must remove or hide the employees'
names and other personally identifying information,
except for the following cases. You may disclose the
forms with personally identifying information only as
follows:
(a) To an auditor or consultant hired by the
employer to evaluate the safety and health program.
(b) To the extent necessary for processing a
claim for workers' compensation or other insurance
benefits.
(c) To a public health authority or law
enforcement agency for uses and disclosures for which
consent, an authorization, or opportunity to agree or
object is not required under the United States
Department of Health and Human Services Standards
for privacy of individually identifiable health information,
45 C.F.R. §164.512 “Uses and disclosures for which an
authorization or opportunity to agree or object is not
required,” amended January 6, 2016, as adopted in
R 408.22102a.
R 408.22130 Multiple business establishments.
Rule 1130. (1) You must keep a separate MIOSHA
300 Log for each establishment that is expected to be in
operation for 1 year or longer.
(2) Do I need to keep MIOSHA injury and illness
records for short-term establishments, that is,
establishments that will exist for less than a year?
Yes. However, you are not required to keep a
separate MIOSHA 300 Log for each such
establishment. You may keep 1 MIOSHA 300 Log that
covers all of your short-term establishments. You may
also include the short-term establishments' recordable
injuries and illnesses on a MIOSHA 300 Log that covers
short-term establishments for individual company
divisions or geographic regions.
(3) May I keep the records for all of my
establishments at my headquarters location or at some
other central location?
Yes. You may keep the records for an establishment
at your headquarters or other central location if you
comply with both of the following provisions:
(a) Transmit information about the injuries and
illnesses from the establishment to the central location
within 7 calendar days of receiving information that a
recordable injury or illness has occurred.
(b) Produce and send the records from the central
location to the establishment within the time frames
required by R 408.22135 and R 408.22140 when you
are required to provide records to a government
representative, employees, former employees, or
employee representatives.
(4) Some of my employees work at several
different locations or do not work at any of my
establishments at all. How do I record cases for these
employees?
You must link each of your employees with 1 of your
establishments, for recordkeeping purposes. You must
record the injury and illness on the MIOSHA 300 Log of
the injured or ill employee's establishment, or on a
MIOSHA 300 Log that covers that employee's
short-term establishment.
(5) How do I record an injury or illness when an
employee of 1 of my establishments is injured or
becomes ill while visiting or working at another of my
establishments, or while working away from any of my
establishments?
If the injury or illness occurs at 1 of your
establishments, you must record the injury or illness on
the MIOSHA 300 Log of the establishment at which the
injury or illness occurred. If the employee is injured or
becomes ill and is not at 1 of your establishments, you
must record the case on the MIOSHA 300 Log at the
establishment at which the employee normally works.
R 408.22131 Covered employees.
Rule 1131. (1) Basic requirement. You must record on
the MIOSHA 300 Log the recordable injuries and
illnesses of all employees on your payroll, whether they
are labor, executive, hourly, salary, part-time, seasonal,
or migrant workers. You also must record the recordable
injuries and illnesses that occur to employees who are
not on your payroll if you supervise these employees on
a day-to-day basis. If your business is organized as a
sole proprietorship or partnership, the owner or partners
are not considered employees for recordkeeping
purposes.
(2) All of the following apply to implementation of
subrule (1) of this rule:
(a) If a self-employed person is injured or
becomes ill while doing work at my business, do I need
to record the injury or illness?
No, self-employed individuals are not covered by
these rules.
(b) If I obtain employees from a temporary help
service, employee leasing service, or personnel supply
service, am I required to record an injury or illness
occurring to one of those employees?
You must record these injuries and illnesses if you
supervise these employees on a day-to-day basis.
17
(c) If an employee in my establishment is a
contractor's employee, must I record an injury or illness
occurring to that employee?
If the contractor's employee is under the day-to-day
supervision of the contractor, the contractor is
responsible for recording the injury or illness. If you
supervise the contractor employee's work on a
day-to-day basis, you must record the injury or illness.
(d) Must the personnel supply service, temporary
help service, employee leasing service, or contractor
also record the injuries or illnesses occurring to
temporary, leased, or contract employees that I
supervise on a day-to-day basis?
No, you and the temporary help service, employee
leasing service, personnel supply service, or contractor
should coordinate your efforts to make sure that each
injury and illness is recorded only once: either on your
MIOSHA 300 Log if you provide day-to-day supervision
or on the other employer's MIOSHA 300 Log if that
company provides day-to-day supervision.
R 408.22132 Annual summary.
Rule 1132. (1) Basic requirement. At the end of each
calendar year, you must do all of the following:
(a) Review the MIOSHA 300 Log to verify that the
entries are complete and accurate, and correct any
deficiencies identified.
(b) Create an annual summary of injuries and
illnesses recorded on the MIOSHA 300 Log.
(c) Certify the summary.
(d) Post the annual summary.
(2) All of the following apply to implementation of
subrule (1) of this rule:
(a) How extensively am I required to review the
MIOSHA 300 Log entries at the end of the year?
You must review the entries as extensively as
necessary to make sure that they are complete and
correct.
(b) How do I complete the annual summary?
You must do all of the following:
(i) Total the columns on the MIOSHA 300 Log.
If you had no recordable cases, enter zeros
for each column total.
(ii) Enter the calendar year covered, the
company's name, establishment name,
establishment address, annual average
number of employees covered by the
MIOSHA 300 Log, and the total hours worked
by all employees covered by the MIOSHA 300
Log.
(iii) If you are using an equivalent form other than
the MIOSHA 300A Summary form, as
permitted under R 408.22129(5), the
summary you use must also include the
employee access and employer penalty
statements found on the MIOSHA 300A form.
(c) How do I certify the annual summary?
A company executive must certify that he or she has
examined the MIOSHA 300 Log and that he or she
reasonably believes, based on his or her knowledge of
the process by which the information was recorded, that
the annual summary is correct and complete.
(d) Who is considered a company executive?
The company executive who certifies the log must
be any of the following persons:
(i) An owner of the company, only if the company
is a sole proprietorship or partnership.
(ii) An officer of the corporation.
(iii) The highest ranking company official working
at the establishment.
(iv) The immediate supervisor of the highest
ranking company official working at the
establishment.
(e) How do I post the annual summary?
You must post a copy of the annual summary in
each establishment in a conspicuous place or places
where notices to employees are customarily posted.
You must ensure that the posted annual summary is not
altered, defaced, or covered by other material.
(f) When am I required to post the annual
summary?
You must post the summary not later than February
1 of the year following the year covered by the records
and keep the posting in place until April 30.
R 408.22133 Retention and updating.
Rule 1133. (1) Basic requirement. You must save
the MIOSHA 300 Log, the privacy case list, if one exists,
the annual summary, and the MIOSHA 301 Incident
Report forms for 5 years following the end of the
calendar year that these records cover.
(2) All of the following apply to implementation of
subrule (1) of this rule:
(a) Am I required to update the MIOSHA 300 Log
during the 5-year storage period? Yes, during the
storage period, you must update your stored MIOSHA
300 Logs to include newly discovered recordable
injuries or illnesses and to show any changes that have
occurred in the classification of previously recorded
injuries and illnesses. If the description or outcome of a
case changes, you must remove or line out the original
entry and enter the new information.
(b) Am I required to update the annual summary?
No, you are not required to update the annual summary,
but you may do so if you wish.
(c) Am I required to update the MIOSHA 301 Incident
Report? No, you are not required to update the MIOSHA
301 Incident Report, but you may do so if you wish.
R 408.22134 Change in business ownership.
Rule 1134. If your business changes ownership, you
are responsible for recording and reporting work-related
injuries and illnesses only for that period of the year
during which you owned the establishment. You must
transfer your records under this standard to the new
owner. The new owner must save all records of the
establishment kept by the prior owner, as required by
R 408.22133, but need not update or correct the records
of the prior owner.
R 408.22135 Employee involvement.
Rule 1135. (1) Basic requirement. Your employees
and their representatives must be involved in the
recordkeeping system as follows:
18
(a) You must inform each employee of how he or
she is to report a work-related injury or illness to you.
(b) You must provide employees with the
information described in subrule (2)(c) of this rule.
(c) You must provide access to your injury and
illness records for your employees and their
representatives.
(2) Implementation. What must I do to make sure
that employees report work-related injuries and
illnesses to me?
(a) You must establish a reasonable procedure
for employees to report work-related injuries and
illnesses promptly and accurately. A procedure is not
reasonable if it would deter or discourage a reasonable
employee from accurately reporting a workplace injury
or illness.
(b) You must inform each employee of your
procedure for reporting work-related injuries and
illnesses.
(c) You must inform each employee of both of the
following:
(i) Employees have the right to report
work-related injuries and illnesses.
(ii) Employers are prohibited from discharging or
in any manner discriminating against
employees for reporting work-related injuries
or illnesses.
(d) You must not discharge or in any manner
discriminate against any employee for reporting a
work-related injury or illness.
(3) Am I required to give my employees and their
representatives access to the MIOSHA injury and illness
records?
Yes, your employees, former employees, their
personal representatives, and their authorized
employee representatives have the right to access the
MIOSHA injury and illness records, with some
limitations, as follows:
(a) Who is an authorized employee
representative?
An authorized employee representative is an
authorized collective bargaining agent of employees.
(b) Who is a "personal representative" of an
employee or former employee?
A personal representative is either of the following:
(i) Any person who the employee or former
employee designates in writing.
(ii) The legal representative of a deceased or
legally incapacitated employee or former
employee.
(c) If an employee or representative asks for
access to the MIOSHA 300 Log, when am I required to
provide it?
When an employee, former employee, personal
representative, or authorized employee representative
asks for copies of your current or stored MIOSHA 300
Log or Logs for an establishment the employee or
former employee has worked in, you must give the
requester a copy of the relevant MIOSHA 300 Log or
Logs by the end of the next business day.
(d) May I remove the names of the employees or
any other information from the MIOSHA 300 Log before
I give copies to an employee, former employee, or
employee representative?
No, you must leave the names on the 300 Log.
However, to protect the privacy of injured and ill
employees, you may not record the employee's name
on the MIOSHA 300 Log for certain "privacy concern
cases," as specified in R 408.22129(7) to (10).
(e) If an employee or representative asks for
access to the MIOSHA 301 Incident Report, when am I
required to provide it?
(i) When an employee, former employee, or
personal representative asks for a copy of the
MIOSHA 301 Incident Report describing an
injury or illness to that employee or former
employee, you must give the requester a copy
of the MIOSHA 301 Incident Report
containing that information by the end of the
next business day.
(ii) When an authorized employee representative
asks for copies of the MIOSHA 301 Incident
Reports for an establishment where the agent
represents employees under a collective
bargaining agreement, you must give copies
of those forms to the authorized employee
representative within 7 calendar days.
You are only required to give the
authorized employee representative
information from the MIOSHA 301 Incident
Report section titled "tell us about the case."
You must remove all other information from
the copy of the MIOSHA 301 Incident Report
or the equivalent substitute form that you give
to the authorized employee representative.
(f) May I charge for the copies?
No, you may not charge for these copies the first
time they are provided. However, if one of the
designated persons asks for additional copies, you may
assess a reasonable charge for retrieving and copying
the records.
R 408.22136 Prohibition against discrimination.
Rule 1136. In addition to R 408.22135, section 65 of
the act prohibits you from discriminating against an
employee for reporting a work-related fatality, injury, or
illness. Section 65 of the act also protects the employee
who files a safety and health complaint, asks for access
to the records under this part, or otherwise exercises
any rights afforded by the act.
R 408.22137 Rescinded.
R 408.22138 Private sector variances from
recordkeeping rule.
Rule 1138. (1) If you are a private employer and wish
to keep records in a different manner from the manner
prescribed by these rules, you may submit a variance
petition to the Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of
Labor, Washington, DC 20210. You can obtain a
variance only if you can show that your alternative
recordkeeping system provides all of the following:
19
(a) Collects the same information as this standard
requires.
(b) Meets the purposes of the act.
(c) Does not interfere with the administration of
the occupational safety and health act of 1970, 29
U.S.C. §651 et seq.
(2) What do I need to include in my variance
petition?
You must include all of the following items in your
petition:
(a) Your name and address.
(b) A list of the state or states where the variance
would be used.
(c) The address or addresses of the business
establishment or establishments involved.
(d) A description of why you are seeking a
variance.
(e) A description of the different recordkeeping
procedures you propose to use.
(f) A description of how your proposed
procedures will collect the same information as would
be collected by these rules and achieve the purpose of
the occupational safety and health act of 1970, 29
U.S.C. §651 et seq.
(g) A statement that you have informed your
employees of the petition by giving them or their
authorized representative a copy of the petition and by
posting a statement summarizing the petition in the
same way as notices are posted under 29 C.F.R. 1903.2
“Posting of notice; availability of the Act, regulations and
applicable standards” rule (a), as adopted in
R 408.22102a.
(3) How will the assistant secretary handle my
variance petition?
The assistant secretary will take the following steps
to process your variance petition:
(a) The assistant secretary will offer your
employees and their authorized representatives an
opportunity to submit written data, views, and
arguments about your variance petition.
(b) The assistant secretary may allow the public
to comment on your variance petition by publishing the
petition in the Federal Register. If the petition is
published, the notice will establish a public comment
period and may include a schedule for a public meeting
on the petition.
(c) After reviewing your variance petition and any
comments from your employees and the public, the
assistant secretary will decide if your proposed
recordkeeping procedures will meet the purposes of the
occupational safety and health act of 1970, 29 U.S.C.
§651 et seq., will not otherwise interfere with the act,
and will provide the same information as the 29 C.F.R.
§1904 “Recording and Reporting of Occupational
Injuries and Illnesses” as amended 2016, as adopted in
R 408.22102a, regulations provide. If your procedures
meet these criteria, the assistant secretary may grant
the variance subject to such conditions as he or she
finds appropriate.
(d) If the assistant secretary grants your variance
petition, OSHA will publish a notice in the Federal
Register to announce the variance. The notice will
include the practices the variance allows you to use, any
conditions that apply, and the reasons for allowing the
variance.
(4) If I apply for a variance, may I use my
proposed recordkeeping procedures while the assistant
secretary is processing the variance petition?
No. Alternative recordkeeping practices are only
allowed after the variance is approved. You must
comply with the 29 C.F.R §1904 “Recording and
Reporting of Occupational Injuries and Illnesses,” as
amended 2016, as adopted in R 408.22102a,
regulations while the assistant secretary is reviewing
your variance petition.
(5) If I have already been cited by MIOSHA for not
following these rules, will my variance petition have any
effect on the citation and penalty?
No. In addition, the assistant secretary may elect not
to review your variance petition if it includes an element
for which you have been cited and the citation is still
under review by a court, an administrative law judge
(ALJ), or the MIOSHA review commission.
(6) If I receive a variance, may the assistant
secretary revoke the variance at a later date?
Yes, the assistant secretary may revoke your
variance if he or she has good cause. The procedures
revoking a variance will follow the same process as
OSHA uses for reviewing variance petitions, as provided
in subrule (3) of this rule. Except in cases of willfulness
or where necessary for public safety, the assistant
secretary will do both of the following:
(a) Notify you in writing of the facts or conduct that
may warrant revocation of your variance.
(b) Provide you, your employees, and authorized
employee representatives with an opportunity to
participate in the revocation procedures.
R 408.22139 Reporting fatalities, hospitalizations,
amputations, and losses of an eye as result of
work-related incidents to MIOSHA.
Rule 1139. (1) Fatalities. Within 8 hours after the death
of any employee from a work-related incident, you must
report the fatality by telephone to the MIOSHA toll-free
central telephone number: 1-800-858-0397.
(2) Hospitalizations, amputations, and losses of
an eye. Within 24 hours after the inpatient
hospitalization of 1 or more employees or an employee’s
amputation or an employee’s loss of an eye, as a result
of a work-related incident, you must report the inpatient
hospitalization, amputation, or loss of an eye to
MIOSHA.
(3) You must report the inpatient hospitalization,
amputation, or loss of an eye using 1 of the following
methods:
(a) By telephone or in person to the MIOSHA
office that is nearest to the site of the incident.
(b) By telephone to the MIOSHA toll-free central
telephone number: 1-844-464-6742.
(c) By electronic submission using the reporting
application located on MIOSHA’s web site at
www.michigan.gov/recordkeeping
.
(4) If the MIOSHA office is closed, may I report
the inpatient hospitalization, amputation, or loss of an
20
eye by leaving a message on MIOSHA's answering
machine, faxing the bureau office, or sending an e-mail?
No. If the MIOSHA office is closed, you must report
the inpatient hospitalization, amputation, or loss of an
eye using either the toll-free central telephone number:
1-844-464-6742 or the reporting application located on
MIOSHA’s web site at
www.michigan.gov/recordkeeping
.
(5) What information do I need to give to MIOSHA
about the fatality, inpatient hospitalization, amputation,
or loss of an eye?
You must give MIOSHA all of the following
information for each fatality, inpatient hospitalization,
amputation, or loss of an eye:
(a) The establishment’s name.
(b) The location of the work-related incident.
(c) The time of the work-related incident.
(d) The type of reportable event, fatality, inpatient
hospitalization, amputation, or loss of an eye.
(e) The number of employees who suffered a
fatality, inpatient hospitalization, amputation, or loss of
an eye.
(f) The names of the employees who suffered a
fatality, inpatient hospitalization, amputation, or loss of
an eye.
(g) Your contact person and his or her phone
number.
(h) A brief description of the work-related incident.
(6) Am I required to report the fatality, inpatient
hospitalization, amputation, or loss of an eye if it
resulted from a motor vehicle accident on a public street
or highway?
If the motor vehicle accident occurred in a
construction work zone, you must report the fatality,
inpatient hospitalization, amputation, or loss of an eye.
If the motor vehicle accident occurred on a public street
or highway, but not in a construction work zone, you are
not required to report the fatality, inpatient
hospitalization, amputation, or loss of an eye to
MIOSHA. However, the fatality, inpatient hospitalization,
amputation, or loss of an eye must be recorded on your
MIOSHA injury and illness records, if you are required
to keep such records.
(7) Am I required to report the fatality, inpatient
hospitalization, amputation, or loss of an eye if it
occurred on a commercial or public transportation
system?
No. You are not required to report the fatality,
inpatient hospitalization, amputation, or loss of an eye
to MIOSHA if it occurred on a commercial or public
transportation system, such as an airplane, a train,
subway, or bus. However, the fatality, inpatient
hospitalization, amputation, or loss of an eye must be
recorded on your MIOSHA injury and illness records, if
you are required to keep these records.
(8) Am I required to report a work-related fatality
or inpatient hospitalization caused by a heart attack?
Yes. The MIOSHA director will decide whether to
investigate the incident, depending on the
circumstances of the heart attack.
(9) What if the fatality, inpatient hospitalization,
amputation, or loss of an eye does not occur during or
immediately following the work-related incident?
You must report a fatality to MIOSHA only if the
fatality occurs within 30 days of the work-related
incident. For an inpatient hospitalization, amputation, or
loss of an eye, you must report the event to MIOSHA
only if it occurs within 24 hours of the work-related
incident. However, the fatality, inpatient hospitalization,
amputation, or loss of an eye must be recorded on your
MIOSHA injury and illness records, if you are required
to keep these records.
(10) What if I don't learn about a reportable fatality,
inpatient hospitalization, amputation, or loss of an eye
immediately?
If you do not learn about a reportable fatality,
inpatient hospitalization, amputation, or loss of an eye
at the time it occurred, you must make the report to
MIOSHA within the following time period after the
fatality, inpatient hospitalization, amputation, or loss of
an eye is reported to you or to any of your agents: 8
hours for a fatality, and 24 hours for an inpatient
hospitalization, an amputation, or a loss of an eye.
(11) What if I don’t immediately learn that the
reportable fatality, inpatient hospitalization, amputation,
or loss of an eye was the result of a work-related
incident?
If you do not immediately learn that the reportable
fatality, inpatient hospitalization, amputation, or loss of
an eye was the result of a work-related incident, you
must make the report to MIOSHA within the following
time period after you or any of your agents learn that the
reportable fatality, inpatient hospitalization, amputation,
or loss of an eye was the result of a work-related
incident: 8 hours for a fatality, and 24 hours for an
inpatient hospitalization, an amputation, or a loss of an
eye.
(12) What is the definition of ‘‘inpatient
hospitalization’’?
“Inpatient hospitalization” means a formal
admission to the inpatient service of a hospital or clinic
for care or treatment.
(13) Am I required to report an inpatient
hospitalization that involves only observation or
diagnostic testing?
No. You are not required to report an inpatient
hospitalization that involves only observation or
diagnostic testing. You must report to MIOSHA each
inpatient hospitalization that involves care or treatment.
(14) What is the definition of ‘‘amputation’’?
“Amputation” means the traumatic loss of a limb or
other external body part. Amputation includes all of the
following:
(a) A part, such as a limb or appendage, that has
been severed, cut off, amputated, either completely or
partially.
(b) Fingertip amputations with or without bone
loss.
(c) Medical amputations resulting from
irreparable damage.
(d) Amputations of body parts that have since
been reattached. Amputations do not include avulsions,
21
enucleations, deglovings, scalpings, severed ears, or
broken or chipped teeth.
R 408.22140 Providing records to government
representatives.
Rule 1140. (1) Basic requirement. When an
authorized government representative asks for the
records you keep under these rules, you must provide
copies of the records within 4 business hours.
(2) All of the following apply to implementation of
subrule (1) of this rule:
(a) What government representatives have the
right to get copies of my records as required by these
rules?
The government representatives authorized to
receive the records are any of the following:
(i) A representative of the secretary of labor
conducting an inspection or investigation
under the act.
(ii) A representative of the secretary of health
and human services, including the National
Institute for Occupational Safety and
Health--NIOSH conducting an investigation
under section 20(b) of the occupational safety
and health act of 1970, 29 U.S.C. 669.
(iii) A representative of MIOSHA responsible for
administering a state plan approved under
section 18 of the occupational safety and
health act of 1970, 29 U.S.C. 667.
(b) Am I required to produce the records within 4
hours if my records are kept at a location in a different
time zone?
MIOSHA will consider your response to be timely if
you give the records to the government representative
within 4 business hours of the request. If you maintain
the records at a location in a different time zone, you
may use the business hours of the establishment at
which the records are located when calculating the
deadline.
ELECTRONIC SUBMISSION OF INJURY AND
ILLNESS RECORDS TO OSHA
R 408.22141 Basic requirement.
Rule 1141. (1) Annual electronic submission of
MIOSHA or OSHA Form 300A “Summary of Work-
Related Injuries and Illnesses” requires all of the
following:
(a) If your establishment had 20-249 employees
at any time during the previous calendar year, and your
establishment is classified in an industry listed in
Appendix B of this part, you must electronically submit
information from MIOSHA or OSHA Form 300A
“Summary of Work-Related Injuries and Illnesses” to
OSHA or OSHA's designee.
You must submit the information once a year, no
later than the date listed in R 408.22141b of the year
after the calendar year covered by the form.
(b) If your establishment had 250 or more
employees at any time during the previous calendar
year, and this part requires your establishment to keep
records, then you must electronically submit
information from MIOSHA or OSHA Form 300A
“Summary of Work-Related Injuries and Illnesses” to
OSHA or OSHA’s designee. You must submit the
information once a year, no later than the date listed in
R 408.22141b of the year after the calendar year
covered by the form.
(2) Annual electronic submission of information
from MIOSHA or OSHA Form 300 “Log of Work
Related Injuries and Illnesses” and from MIOSHA or
OSHA Form 301 “Injury and Illness Incident Report” by
establishments with 100 or more employees in
designated industries requires all of the following:
(a) If your establishment had 100 or more
employees at any time during the previous calendar
year, and your establishment is classified in an industry
listed in Appendix C of this part, then you must
electronically submit information from MIOSHA or
OSHA Forms 300 and 301 to OSHA or OSHA’s
designee.
(b) You must submit the information once a year,
no later than the date listed in R 408.22141b of the
year after the calendar year covered by the form.
(3) Electronic submission of the Part 11 records
upon notification. Upon notification, you must
electronically submit the requested information from
your Part 11 records to OSHA or OSHA’s designee.
(4) Electronic submission of the Employer
Identification Number (EIN). For each establishment
that is subject to these reporting requirements, you
must provide the EIN used by the establishment.
R 408.22141a Implementation.
Rule 1141a. (1) Does every employer have to
routinely make an annual electronic submission of
information from Part 11 injury and illness
recordkeeping forms to OSHA? No, only 3 categories of
employers must routinely submit information from these
forms. The first category is establishments that had 20–
249 employees at any time during the previous calendar
year and are classified in an industry listed in Appendix
B of this part. Establishments in this category must
submit the required information from Form 300A to
OSHA once a year. The second category is
establishments that had 250 or more employees at any
time during the previous calendar year, and are required
by Part 11 to keep records. Establishments in this
category must submit the required information from
Form 300A to OSHA once a year. The third category is
establishments that had 100 or more employees at any
time during the previous calendar year and are
classified in an industry in Appendix C of this part.
Establishments in this category must also submit the
required information from Forms 300 and 301 to OSHA
once a year, in addition to the required information from
Form 300A.
Employers in these 3 categories must submit the
required information by the date listed in R 408.22141b
of the year after the calendar year covered by the form
or forms, for example, 2024 for the 2023 forms. If your
establishment is not in any of these 3 categories, then
you must submit the information to OSHA only if
22
MIOSHA or OSHA notifies you to do so for an
individual data collection.
(2) Do part-time, seasonal, or temporary workers
count as employees in the criteria for number of
employees in R 408.22141? Yes, each individual
employed in the establishment at any time during the
calendar year counts as 1 employee, including full-
time, part-time, seasonal, and temporary workers.
(3) How will MIOSHA or OSHA notify me that I
must submit information as part of an individual data
collection under R 408.22141(3)? MIOSHA or OSHA
will notify you by mail if you have to submit information
as part of an individual data collection under R
408.22141(3). MIOSHA or OSHA will also announce
individual data collections through publication in the
Federal Register, the OSHA newsletter,
announcements on the OSHA website or other means.
If you are an employer who must routinely submit the
information, then OSHA will not notify you about your
routine submittal.
(4) When do I have to submit the information? If
you are required to submit information under R
408.22141(1) or (2), then you must submit the
information once a year, by the date listed in R
408.22141b of the year after the calendar year covered
by the form (for example, 2019 for the 2018 form). If
you are submitting information because MIOSHA or
OSHA notified you to submit information as part of an
individual data collection under R 408.22141(3), then
you must submit the information as specified in the
notification.
(5) How do I submit the information? You must
submit the information electronically. OSHA will
provide a secure website for the electronic submission
of information. For individual data collections under R
408.22141(3), OSHA will include the website’s location
in the notification for the data collection.
(6) Am I required to submit information if my
establishment is partially exempt from keeping OSHA
injury and illness records? If you are partially exempt
from keeping injury and illness records under R
408.22103, then you are not required to routinely
submit information under R 408.22141(1) or (2). You
will have to submit information under R 408.22141(3) if
OSHA informs you in writing that it will collect injury
and illness information from you. If you receive such a
notification, then you must keep the injury and illness
records required by this standard and submit
information as directed.
(7) Am I required to submit information if I am
located in a State Plan State? Yes, the requirements
apply to employers located in State Plan States.
(8) May an enterprise or corporate office
electronically submit information for its establishment
or establishments? Yes, if your enterprise or corporate
office had ownership of or control over 1 or more
establishments required to submit information under R
408.22141, then the enterprise or corporate office may
collect and electronically submit the information for the
establishment or establishments.
(9) If I have to submit information under R
408.22141, do I have to submit all of the information
from the recordkeeping forms? No, you are required to
submit all of the information from the forms except the
following:
(a) Log of Work-Related Injuries and Illnesses
(OSHA Form 300): Employee name (column B).
(b) Injury and Illness Incident Report (OSHA Form
301): Employee name (field 1), employee address (field
2), name of physician or other healthcare professional
(field 6), facility name and address if treatment was
given away from the worksite (field 7).
(10) My company uses numbers or codes to
identify our establishments. May I use numbers or codes
as the establishment name in my submission? Yes, you
may use numbers or codes as the establishment name.
However, the submission must include a legal company
name, either as part of the establishment name or
separately as the company name.
R 408.22141b Reporting dates.
Rule 1141b. Establishments that are required to
submit under R 408.22141 will have to submit all of the
required information by March 2 of the year after the
calendar year covered by the form or forms.
R 408.22142 Requests from the bureau of labor
statistics for data.
Rule 1142. (1) Basic requirement. If you receive a
survey of occupational injuries and illnesses form from
the bureau of labor statistics (BLS), or a BLS designee,
you must promptly complete the form and return it
following the instructions contained on the survey form.
(2) Implementation.
(a) Does every employer have to send data to the
BLS?
No, each year, the BLS sends injury and illness
survey forms to randomly selected employers and uses
the information to create the nation's occupational injury
and illness statistics. In any year, some employers will
receive a BLS survey form and others will not. You do
not have to send injury and illness data to the BLS
unless you receive a survey form.
(b) If I get a survey form from the BLS, what do I
have to do?
If you receive a survey of occupational injuries and
illnesses form from the bureau of labor statistics (BLS),
or a BLS designee, you must promptly complete the
form and return it, following the instructions contained
on the survey form.
(c) Do I have to respond to a BLS survey form if I
am normally exempt from keeping MIOSHA injury and
illness records?
Yes, even if you are exempt from keeping injury and
illness records under R 408.22103, the BLS may inform
you in writing that it will be collecting injury and illness
information from you in the coming year. If you receive
such a letter, you must keep the injury and illness
records required by R 408.22110 to R 408.22119 and
make a survey report for the year covered by the survey.
(d) Do I have to answer the BLS survey form if I
am located in a state-plan state?
23
Yes, all employers who receive a survey form must
respond to the survey, even those in Michigan, a
state-plan state.
R 408.22151 Public employer petition for alternate
record maintenance.
Rule 1151. A public employer who wishes to maintain
records in a manner different from that required by this
part shall submit a petition containing the information
prescribed in R 408.22153 to the Department of Labor
and Economic Opportunity, MIOSHA, Box 30643,
Lansing, Michigan 48909.
R 408.22152 Opportunity for comment.
Rule 1152. Affected employees or their
representatives shall have an opportunity to submit
written data, views, or arguments concerning the
petition to the director within 10 working days following
the receipt of notice prescribed in R 408.22153(e).
R 408.22153 Contents of petitions.
Rule 1153. A petition filed by a public employer shall
include all of the following:
(a) The name and address of the applicant.
(b) The address of the place or places of
employment involved.
(c) Specifications of the reasons for seeking
relief.
(d) A description of the different record keeping
procedures that are proposed by the applicant.
(e) A statement that the applicant has informed
his or her affected employees of the petition by giving a
copy of the petition to them, or to their authorized
representative, and by posting a statement giving a
summary of the petition. A statement posted pursuant
to this subdivision shall be posted in each establishment
in the same manner that notices are required to be
posted under section 67(1) of the act, that is, in a central
and conspicuous location or for normal observation by
employees. The applicant shall state that he or she has
informed his or her affected employees of their rights as
prescribed in R 408.22152.
R 408.22154 Additional notices and conferences.
Rule 1154. (1) In addition to the actual notice provided
for in R 408.22153(e), the director may provide or cause
to be provided such additional notice of the petition as
he or she deems appropriate.
(2) The director may afford an opportunity to
interested parties for an informal conference or hearing
concerning the petition.
R 408.22155 Action.
Rule 1155. After review of the petition and of
comments submitted in regard to the petition, and upon
completion of any necessary appropriate investigation
concerning the petition, if the director finds that the
alternative procedure proposed will not hamper or
interfere with the purposes of the act and will provide
equivalent information, he or she may grant the petition
subject to any conditions as he or she may determine
appropriate, and subject to revocation for cause.
R 408.22156 Notice of exception; publication.
Rule 1156. Notice that an exception has been granted
as prescribed by this part must be published in the
MIOSHA News, a quarterly publication of the
department of labor and economic opportunity. This
notice may summarize the alternative to the rules
involved which the particular exception permits.
R 408.22157 Revocation.
Rule 1157. The director may revoke an exception
granted under this part for failure to comply with the
conditions of the exception. An opportunity for informal
hearing or conference shall be afforded to the
employers and affected employees or their
representatives. Except in cases of willful
noncompliance or where employee safety or health
requires otherwise, before the commencement of an
informal proceeding, the employer shall be notified in
writing of the facts or conduct that may warrant the
action and be given an opportunity to demonstrate or
achieve compliance.
R 408.22158 Compliance after submission of
petition.
Rule 1158. The submission of a petition, or a delay by
the director in acting upon a petition, shall not relieve an
employer from any obligation to comply with this part.
The director shall give notice of the denial of a petition
within a reasonable time.
24
APPENDIX A
PARTIALLY EXEMPT INDUSTRIES
NON-MANDATORY
Employers are not required to keep MIOSHA injury and illness records for any establishment classified in the
following North American Industry Classification System (NAICS) codes, unless they are asked in writing to do so by
OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS.
All employers, including those partially exempted by reason of company size or industry classification, must report
to MIOSHA any employee’s fatality, in-patient hospitalization, amputation, or loss of an eye.
NAICS Code – Industry
4412 Other Motor Vehicle Dealers.
4431 Electronics and Appliance Stores.
4461 Health and Personal Care Stores.
4471 Gasoline Stations.
4481 Clothing Stores.
4482 Shoe Stores.
4483 Jewelry, Luggage, and Leather Goods Stores.
4511 Sporting Goods, Hobby, and Musical Instrument Stores.
4512 Book, Periodical, and Music Stores.
4531 Florists.
4532 Office Supplies, Stationery, and Gift Stores.
4812 Nonscheduled Air Transportation.
4861 Pipeline Transportation of Crude Oil.
4862 Pipeline Transportation of Natural Gas.
4869 Other Pipeline Transportation.
4879 Scenic and Sightseeing Transportation, Other.
4885 Freight Transportation Arrangement.
5111 Newspaper, Periodical, Book, and Directory Publishers.
5112 Software Publishers.
5121 Motion Picture and Video Industries.
5122 Sound Recording Industries.
5151 Radio and Television Broadcasting.
5172 Wireless Telecommunications Carriers (except Satellite).
5173 Telecommunications Resellers.
5179 Other Telecommunications.
5181 Internet Service Providers and Web Search Portals.
5182 Data Processing, Hosting, and Related Services.
5191 Other Information Services.
5211 Monetary Authorities—Central Bank.
5221 Depository Credit Intermediation.
5222 Non-depository Credit Intermediation.
25
NAICS Code – Industry
5223 Activities Related to Credit Intermediation.
5231 Securities and Commodity Contracts Intermediation and Brokerage.
5232 Securities and Commodity Exchanges.
5239 Other Financial Investment Activities.
5241 Insurance Carriers.
5242 Agencies, Brokerages, and Other Insurance Related Activities.
5251 Insurance and Employee Benefit Funds.
5259 Other Investment Pools and Funds.
5312 Offices of Real Estate Agents and Brokers.
5331 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works).
5411 Legal Services.
5412 Accounting, Tax Preparation, Bookkeeping, and Payroll Services.
5413 Architectural, Engineering, and Related Services.
5414 Specialized Design Services.
5415 Computer Systems Design and Related Services. NAICS Code Industry
5416 Management, Scientific, and Technical Consulting Services.
5417 Scientific Research and Development Services.
5418 Advertising and Related Services.
5511 Management of Companies and Enterprises.
5611 Office Administrative Services.
5614 Business Support Services.
5615 Travel Arrangement and Reservation Services.
5616 Investigation and Security Services.
6111 Elementary and Secondary Schools.
6112 Junior Colleges.
6113 Colleges, Universities, and Professional Schools.
6114 Business Schools and Computer and Management Training.
6115 Technical and Trade Schools.
6116 Other Schools and Instruction.
6117 Educational Support Services.
6211 Offices of Physicians.
6212 Offices of Dentists.
6213 Offices of Other Health Practitioners.
6214 Outpatient Care Centers.
6215 Medical and Diagnostic Laboratories.
6244 Child Day Care Services.
7114 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures.
26
NAICS Code – Industry
7115 Independent Artists, Writers, and Performers.
7213 Rooming and Boarding Houses.
7221 Full-Service Restaurants.
7222 Limited-Service Eating Places.
7224 Drinking Places (Alcoholic Beverages).
8112 Electronic and Precision Equipment Repair and Maintenance.
8114 Personal and Household Goods Repair and Maintenance.
8121 Personal Care Services.
8122 Death Care Services.
8131 Religious Organizations.
8132 Grant-making and Giving Services.
8133 Social Advocacy Organizations.
8134 Civic and Social Organizations.
8139 Business, Professional, Labor, Political, and Similar Organizations.
[FR Doc. 2014–21514 Filed 9–17–14; 8:45 am] effective: January 1, 2015
27
APPENDIX B
DESIGNATED INDUSTRIES FOR R 408.22141 ‘BASIC REQUIREMENT’
MANDATORY
Annual Electronic Submission of MIOSHA/OSHA Form 300A “Summary of Work-Related Injuries and Illnesses” by
Establishments With 20-249 Employees in Designated Industries:
NAICS Code – Industry
11 Agriculture, Forestry, Fishing and Hunting.
22 Utilities.
23 Construction.
31-33 Manufacturing.
42 Wholesale Trade.
4413 Automotive Parts, Accessories, and Tire Stores.
4421 Furniture Stores.
4422 Home Furnishings Stores.
4441 Building Material and Supplies Dealers.
4442 Lawn and Garden Equipment and Supplies Stores.
4451 Grocery Stores.
4452 Specialty Food Stores.
4522 Department Stores.
4523 General Merchandise Stores, including Warehouse Clubs and Supercenters.
4533 Used Merchandise Stores.
4542 Vending Machine Operators.
4543 Direct Selling Establishments.
4811 Scheduled Air Transportation.
4841 General Freight Trucking.
4842 Specialized Freight Trucking.
4851 Urban Transit Systems.
4852 Interurban and Rural Bus Transportation
4853 Taxi and Limousine Service.
4854 School and Employee Bus Transportation.
4855 Charter Bus Industry.
4859 Other Transit and Ground Passenger Transportation.
4871 Scenic and Sightseeing Transportation, Land.
4881 Support Activities for Air Transportation.
4882 Support Activities for Rail Transportation.
4883 Support Activities for Water Transportation.
4884 Support Activities for Road Transportation.
4889 Other Support Activities for Transportation.
28
NAICS Code – Industry
4911 Postal Service.
4921 Couriers and Express Delivery Services.
4922 Local Messengers and Local Delivery.
4931 Warehousing and Storage.
5152 Cable and Other Subscription Programming.
5311 Lessors of Real Estate.
5321 Automotive Equipment Rental and Leasing.
5322 Consumer Goods Rental.
5323 General Rental Centers.
5617 Services to Buildings and Dwellings.
5621 Waste Collection.
5622 Waste Treatment and Disposal.
5629 Remediation and other Waste Management Services.
6219 Other Ambulatory Health Care Services.
6221 General Medical and Surgical Hospitals.
6222 Psychiatric and Substance Abuse Hospitals.
6223 Specialty (except psychiatric and substance abuse) Hospitals.
6231 Nursing Care Facilities (skilled nursing facilities).
6232
Residential Intellectual and Developmental Disability, Mental Health, Substance
Abuse Facilities.
6233
Counting Care Retirement Communities and Assisted Living Facilities for the
Elderly.
6239 Other Residential Care Facilities.
6242 Community Food and Housing, and Emergency and Other Relief Services.
6243 Vocational Rehabilitation Services.
7111 Performing Arts Companies.
7112 Spectator Sports.
7121 Museums, Historical Sites, and Similar Institutions.
7131 Amusement Parks and Arcades.
7132 Gambling Industries.
7211 Traveler Accommodation.
7212 RV (recreational vehicle) Parks and Recreational Camps.
7213 Rooming and Boarding Houses.
7223 Special Food Services.
8113
Commercial and Industrial Machinery and E
quipment (except automotive and
electronic) Repair and Maintenance.
8123 Dry-Cleaning and Laundry Services.
29
Appendix C
Designated Industries for R 408.22141a “Implementation”
Annual Electronic Submission of Information from OSHA Form 300 Log of Work-Related Injuries and Illnesses and
OSHA Form 301 Injury and Illness Incident Report by Establishments With 100 or More Employees in Designated
Industries
NAICS Code – Industry
1111 Oilseed and Grain Farming.
1112 Vegetable and Melon Farming.
1113 Fruit and Tree Nut Farming.
1114 Greenhouse, Nursery, and Floriculture Production.
1119 Other Crop Farming.
1121 Cattle Ranching and Farming.
1122 Hog and Pig Farming.
1123 Poultry and Egg Production.
1129 Other Animal Production.
1133 Logging.
1141 Fishing.
1142 Hunting and Trapping.
1151 Support Activities for Crop Production.
1152 Support Activities for Animal Production.
1153 Support Activities for Forestry.
2213 Water, Sewage and Other Systems.
2381 Foundation, Structure, and Building Exterior Contractors.
3111 Animal Food Manufacturing.
3113 Sugar and Confectionery Product Manufacturing.
3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing.
3115 Dairy Product Manufacturing.
3116 Animal Slaughtering and Processing.
3117 Seafood Product Preparation and Packaging.
3118 Bakeries and Tortilla Manufacturing.
3119 Other Food Manufacturing.
3121 Beverage Manufacturing.
3161 Leather and Hide Tanning and Finishing.
30
3162 Footwear Manufacturing.
3211 Sawmills and Wood Preservation.
3212 Veneer, Plywood, and Engineered Wood Product Manufacturing.
3219 Other Wood Product Manufacturing.
3261 Plastics Product Manufacturing.
3262 Rubber Product Manufacturing.
3271 Clay Product and Refractory Manufacturing.
3272 Glass and Glass Product Manufacturing.
3273 Cement and Concrete Product Manufacturing.
3279 Other Nonmetallic Mineral Product Manufacturing.
3312 Steel Product Manufacturing from Purchased Steel.
3314 Nonferrous Metal (except Aluminum) Production and Processing.
3315 Foundries.
3321 Forging and Stamping.
3323 Architectural and Structural Metals Manufacturing.
3324 Boiler, Tank, and Shipping Container Manufacturing.
3325 Hardware Manufacturing.
3326 Spring and Wire Product Manufacturing.
3327 Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing.
3328 Coating, Engraving, Heat Treating, and Allied Activities.
3331 Agriculture, Construction, and Mining Machinery Manufacturing.
3335 Metalworking Machinery Manufacturing.
3361 Motor Vehicle Manufacturing.
3362 Motor Vehicle Body and Trailer Manufacturing.
3363 Motor Vehicle Parts Manufacturing.
3366 Ship and Boat Building.
3371 Household and Institutional Furniture and Kitchen Cabinet Manufacturing.
3372 Office Furniture (including Fixtures) Manufacturing.
3379 Other Furniture Related Product Manufacturing.
4231 Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers.
4233 Lumber and Other Construction Materials Merchant Wholesalers.
4235 Metal and Mineral (except Petroleum) Merchant Wholesalers.
31
4239 Miscellaneous Durable Goods Merchant Wholesalers.
4244 Grocery and Related Product Merchant Wholesalers.
4248 Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers.
4413 Automotive Parts, Accessories, and Tire Stores.
4422 Home Furnishings Stores.
4441 Building Material and Supplies Dealers.
4442 Lawn and Garden Equipment and Supplies Stores.
4451 Grocery Stores.
4522 Department Stores.
4523 General Merchandise Stores, including Warehouse Clubs and Supercenters.
4533 Used Merchandise Stores.
4543 Direct Selling Establishments.
4811 Scheduled Air Transportation.
4841 General Freight Trucking.
4842 Specialized Freight Trucking.
4851 Urban Transit Systems.
4852 Interurban and Rural Bus Transportation.
4853 Taxi and Limousine Service.
4854 School and Employee Bus Transportation.
4859 Other Transit and Ground Passenger Transportation.
4871 Scenic and Sightseeing Transportation, Land.
4881 Support Activities for Air Transportation.
4883 Support Activities for Water Transportation.
4889 Other Support Activities for Transportation.
4911 Postal Service.
4921 Couriers and Express Delivery Services.
4931 Warehousing and Storage.
5322 Consumer Goods Rental.
5621 Waste Collection.
5622 Waste Treatment and Disposal.
6219 Other Ambulatory Health Care Services.
6221 General Medical and Surgical Hospitals.
32
6222 Psychiatric and Substance Abuse Hospitals.
6223 Specialty (except Psychiatric and Substance Abuse) Hospitals.
6231 Nursing Care Facilities (Skilled Nursing Facilities).
6232
Residential Intellectual and Developmental Disability, Mental Health, and
Substance Abuse Facilities.
6233
Continuing Care Retirement Communities and Assisted Living Facilities for the
Elderly.
6239 Other Residential Care Facilities.
6243 Vocational Rehabilitation Services.
7111 Performing Arts Companies.
7112 Spectator Sports.
7131 Amusement Parks and Arcades.
7211 Traveler Accommodation.
7212 RV (Recreational Vehicle) Parks and Recreational Camps.
7223 Special Food Services.
Michigan Occupational Safety and Health Administration
PO Box 30643
Lansing, Michigan 48909-8143
For technical questions of this standard – Ph: 517-284-7680 (CSHD); 517-284-7750 (GISHD)
or 517-284-7720 (CETD)
To order copies of this standard – Ph: 517-284-7740
The Department of Labor and Economic Opportunity will not
discriminate against any individual or group because of race,
sex, religion, age, national origin, color, marital status,
disability, or political beliefs. Auxiliary aids, services and other
reasonable accommodations are available upon request to
individuals with disabilities.
