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When MIOSHA
Enforcement Visits
Presented By:
Consultation Education & Training (CET) Division
Michigan Occupational Safety & Health Administration
Michigan Department of Licensing & Regulatory Affairs
www.michigan.gov/miosha
(517) 322-1809
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Objectives
Explain the difference between OSHA and
MIOSHA.
Identify the options a company has when a
MIOSHA compliance officer visits.
Identify the process and procedures used
by a MIOSHA compliance officer when
conducting workplace inspections.
Explain the different reasons for MIOSHA
inspections
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Who Is MIOSHA?
Michigan Occupational Safety and Health Act (MIOSHA) P.A. 154 of 1974, as amended.
Allows enforcement of the occupational safety and health regulations at a state level versus the federal level (OSHA).
Inspects all places of employment except, domestic employment, federal facilities, maritime, and mines.
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Green = State Approved Plan
Blue = Federal Plan
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Reasons For A MIOSHA
Inspection
1. Imminent danger
2. Fatality / Catastrophic
3. Accident investigations
4. Employee complaints
5. Program Initiated Routine safety / health inspections
6. Visual Activity or Dodge reports (construction)
7. Referrals (media, government agencies, or physician)
8. Follow-ups (re-inspections)
9. Monitoring inspections
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Arrival At Site
No advanced notice
Identify his/herself
Ask for an employer representative
Present credentials and business card
Explain reason for visit
Relate need for opening conference
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Opening Conference
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Opening Conference
Explain employer’s and employee’s rights
Employer/Employee representative
Injury Log 300, supplementary reports
Written Programs
Receive copy of written complaint
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Inspection
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Inspection
Encourage dialogue and questions related to safety and health issues, and should offer suggestions and explanations as to how problems might be abated.
Conduct employee interviews
Compiles written and photographic documentation
Written description of recommendation violation
Additional visits required for health – air or noise monitoring based on data obtained during walk around.
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Written Programs
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Common Written Programs
Hazard Communication
Lockout/Tagout
Permit-Required Confined Space
Program
PPE Assessment
Others (eg. Respirators)
Documented training
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Closing Conference
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Closing Conference
Discuss each violation
Employer takes notes
Abatement period & suggested
methods
Review rights of an appeal and PRA
Penalty calculation done in Lansing
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Penalty Reduction
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Penalty Reduction Factors
Size of business reduction
Up to 80%
Past history (3 years)
10%
Good faith - up to 30%
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Types of Violations
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Types of Violations
De Minimis
Other Than Serious
Serious
Willful
Failure to abate
Repeat
Safety recommendation
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Gravity Based Penalty Assessment
Probability
Severity
Number of exposed employees
Duration, proximity, frequency
Penalty assessed in accordance with
Field Operations Manual (FOM)
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Citation Notice
Sent by certified mail
Sent to chief executive officer and union
representative if requested
Abatement period begins upon receiving it
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What to do when the citation arrives?
Request an Penalty Reduction Agreement (PRA)
Accept the Findings
Disagree with the Findings
Posting requirements
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Options for Handling Citations
• Penalty Reduction Agreement – PRA
• Appeals Process
- First Appeal
- Second Appeal
(Board of Health and Safety )
- Administrative Law Judge (ALJ)
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Penalty Reduction Agreement (PRA)
Employer agrees to:
Correct all violations
Pay the reduced penalties
Provide assurance of abatement
Waive right to appeal
Immediately post signed PRA
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Valid Reasons to Appeal
• No hazard existed
• No potential exposure
• Violation occurred • Because of an Isolated Incident from Employee Misconduct
• Abatement technologically is not feasible
• Employer needs abatement time extension
Employer is able to prove:
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Abatement Extension
If a citation is accepted, but the violation cannot be corrected within the allotted time, an employer may petition for modification of the abatement date (extension of time). An extension may be considered by the MIOSHA office when the employer has shown good faith in trying to meet the original deadline, and requests the extension prior to or at least within one day of the expiration of the original abatement period.
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Proof of Isolated Incident
Employee has been trained and training is
documented.
Supervision routinely/regularly observes work
process.
Supervision observes the employee in job
performance.
Employer has an enforcement/disciplinary
program and has documented disciplinary
action relative to the violation.
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Appeal Process
The MIOSHA program provides a process for
employers to appeal a citation.
First Appeal:
All or part of the citation may be appealed to the
issuing division
A division review follows and a decision is
issued within 15 working days.
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Appeal Process continued
First Appeal:
Can appeal all or part:
Rule - Rule violated
Classification - Re-Classification of violation
Penalty - Reduction in penalty size (up to 50%)
Abatement date - Abatement date (extend date for completion)
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Elements That May Be Included In
A Settlement Agreement (SA)
Adjustment up to 50% of total proposed
penalty
Change classification or grouping
Vacate citations
Modify abatement date(s)
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Second Appeal
File within 15 working days of receipt of first appeal result
Often results in a Pre-Hearing to exchange information to resolve issues
Open to all parties: Employer representative, Employee representative, Appeals representative, and Compliance Officer. If no resolution, goes to Formal Hearing
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Formal Hearing
Decision Is Issued By Administrative Law Judge
Report becomes final order-30 days after filing
with the Board of Health and Safety Board sends
notice Employer will receive notice with the date that it is to be filed
Appeals Webpage
32 http://www.michigan.gov/lara/0,4601,7-154-61256_11407_15333---,00.html
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Contacts
Immediate Supervisor that issued signed citation
Appeals Division
(517) 284-7711
PRA Coordinator - General Industry
(517) 284-7750
PRA Coordinator – Construction
(517) 284-7680
Reporting a fatality or Serious Injury
800-858-0397 ( 24 / 7 )
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Preparing for an Inspection Read safety & health publications
Belong to associations
Insurance company audits
Internal self inspections
Safety & Health Designee
CET services
Attend MIOSHA Training Institute
Courses
Safety should be in the bid process
Think of safety as profit center
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Michigan Occupational Safety & Health Administration
Consultation Education & Training Division
530 W Allegan St, P.O. Box 30643
Lansing, Michigan 48909-8143
For further information or to request consultation, education
and training services, call (517) 284-7720
or
visit our website at
www.michigan.gov/miosha
Thank You For
Attending This Presentation
