Section 408.1021 - Continuation of safety standards; consulting with advisory committees as condition of promulgating proposed standard; selection, qualifications, compensation, and expenses of member
MICHIGAN OCCUPATIONAL SAFETY AND HEALTH ACT (EXCERPT)
Act 154 of 1974
408.1021 Continuation of safety standards; consulting with advisory committees as condition of promulgating proposed standard; selection, qualifications, compensation, and expenses of members; emergency standards; promulgation of approved standard.
Sec. 21.
(1) Standards promulgated by the general industry safety standards commission under the authority of former Act No. 282 of the Public Acts of 1967, and standards promulgated by the construction safety standards commission under the authority of former Act No. 89 of the Public Acts of 1963, which are in effect on January 1, 1975 are continued under section 31 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being section 24.231 of the Michigan Compiled Laws.
(2) Before a proposed standard, except an emergency standard, is promulgated, the appropriate commission shall appoint and consult with an advisory committee which shall be representative of the major interests affected by the proposed standard. The members of an advisory committee shall be selected on the basis of their experience and competence in the subject of the proposed standard. At least 1 member of each advisory committee shall be a person who devotes a major portion of time to safety functions.
(3) The per diem compensation and the schedule for reimbursement of expenses of members of the general industry safety standards advisory committees and the construction safety standards advisory committees shall be established annually by the legislature.
(4) The director of labor shall promulgate an emergency standard in compliance with section 48 of Act No. 306 of the Public Acts of 1969, as amended, being section 24.248 of the Michigan Compiled Laws, when the emergency standard is necessary to protect employees. If the director of labor is promulgating an emergency standard on a matter addressed by a federal standard, the director of labor shall promulgate a standard that is substantially similar to the federal standard unless he or she determines and certifies that the federal standard is clearly inconsistent with the criteria set forth in section 9, 16, or 19, or a combination thereof.
(5) Except for a standard adopted by reference pursuant to section 14, a standard approved by the appropriate commission pursuant to section 16 or 19 shall be promulgated pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
History: 1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1975, Act 152, Imd. Eff. July 9, 1975 ;-- Am. 1978, Act 455, Imd. Eff. Oct. 16, 1978 ;-- Am. 1979, Act 149, Eff. Mar. 27, 1980 ;-- Am. 1991, Act 105, Imd. Eff. Oct. 3, 1991
Compiler's Notes: Act 89 of 1963 and Act 282 of 1967, referred to in this section, were repealed by Act 154 of 1974.
Admin Rule: R 408.10001 et seq.; R 408.40101 et seq.; and R 408.41401 et seq. of the Michigan Administrative Code.