Section 408.1014 - Federal standards incorporated by reference; force and effect; conflicts; copies of standard; processing proposed rule substantially similar to federal standard; compliance with adm
MICHIGAN OCCUPATIONAL SAFETY AND HEALTH ACT (EXCERPT)
Act 154 of 1974
408.1014 Federal standards incorporated by reference; force and effect; conflicts; copies of standard; processing proposed rule substantially similar to federal standard; compliance with administrative procedures act of 1969.
Sec. 14.
(1) Except as otherwise provided in subsection (3), the occupational safety and health standards that have been adopted or promulgated by the United States department of labor under the occupational safety and health act of 1970, Public Law 91-596, 84 Stat. 1590, and that are in effect on January 1, 1975 are incorporated by reference and have the same force and effect as a rule promulgated pursuant to this act. A standard that is incorporated by reference pursuant to this subsection remains in effect until either of the following conditions occurs:
(a) A standard is promulgated pursuant to this act that covers the same or a similar subject.
(b) The standard is rescinded by rule promulgated pursuant to this act.
(2) When a rule or standard that is continued pursuant to section 24(3) conflicts with or covers the same or similar subject as a standard incorporated by reference pursuant to subsection (1), the federal standard incorporated by reference governs and the state rule or standard continued pursuant to section 24(3) shall be rescinded.
(3) When a rule or standard that is continued in effect under this act pursuant to section 21(1) covers the same subject as a federal standard, subsection (1) does not apply.
(4) The department of labor and the department of public health shall determine which of them is responsible for administering and enforcing each of the standards incorporated by reference pursuant to subsection (1).
(5) The department of labor or the department of public health, whichever is responsible for administering and enforcing a standard incorporated by reference pursuant to subsection (1), shall make copies of the standard available to the public at cost.
(6) Beginning April 1, 1992, not later than 10 working days after the date that the United States department of labor adopts or promulgates an occupational safety and health standard under the occupational safety and health act of 1970, Public Law 91-596, 84 Stat. 1590, the director of labor or the director of public health, or both, shall initiate the processing of an administrative rule that is substantially similar to the federal occupational safety and health standard. The proposed administrative rule shall be presented to the joint committee on administrative rules unless 1 of the following occurs:
(a) The general industry safety standards commission determines and certifies that the federal standard is clearly inconsistent with the criteria set forth in sections 9 and 16.
(b) The construction safety standards commission determines and certifies that the federal standard is clearly inconsistent with the criteria set forth in sections 9 and 19.
(c) The occupational health standards commission determines and certifies that the federal standard is clearly inconsistent with the criteria set forth in sections 9 and 24.
(7) Beginning April 1, 1992, a proposed administrative rule that would address a matter not addressed by 1 or more federal standards shall not be processed and presented to the joint committee on administrative rules unless the appropriate standards commission determines and certifies that there is a clear and convincing need for the standard to meet the criteria set forth, as appropriate, in sections 9, 16, 19, and 24.
(8) The administrative rules described in subsections (6) and (7) shall be promulgated pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
History: 1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1991, Act 105, Imd. Eff. Oct. 3, 1991
Admin Rule: R 325.2401 et seq.; R 325.18301 et seq.; R 325.35001 et seq.; R 325.52501 et seq.; and R 325.70101 et seq. of the Michigan Administrative Code.