The Michigan Department of Labor and Economic Opportunity (LEO) has announced an important amendment to Admin. Part 13 - Inspections and Investigations, Citations, and Proposed Penalties, which took effect on March 4, 2025.
This amendment aligns Michigan’s regulations with recent changes to federal Occupational Safety and Health Administration (OSHA) Standard 1903.8. As a builder operating in Michigan, it is critical to understand how these changes affect workplace inspections and compliance obligations.
What’s Changing?
Under the new rule:
- Employee Representatives: OSHA has clarified that employee representatives who accompany a Compliance Safety and Health Officer (CSHO) during an inspection can include third-party representatives.
- Third-Party Representatives: A third-party representative may be allowed to participate in an inspection if the CSHO determines they are reasonably necessary to assist in the process.
- Qualifications for Third-Party Representatives: They may be deemed necessary due to:
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- Relevant knowledge, skills, or experience with workplace hazards or similar conditions.
- Language or communication skills that help facilitate the inspection.
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This means that union representatives, safety consultants, industrial hygienists, or other qualified individuals could now be part of MIOSHA inspections at your job sites, even if they are not direct employees of your company.
Why It Matters for Builders
Michigan builders should be aware that third-party representatives could now be present during inspections, which may lead to:
- More thorough inspections due to specialized knowledge from outside experts.
- Potential compliance concerns if issues are identified by third-party representatives.
- Increased scrutiny of job site safety practices, particularly in high-risk areas such as fall protection, scaffolding, and excavation.
By staying informed and prepared, you can ensure that your business remains compliant with evolving MIOSHA standards and avoids unnecessary citations or penalties.
How to Stay Compliant
To ensure your business is ready for these changes:
- Review the Updated Standard: The full text of Admin. Part 13, along with a strike-bold draft, is available at Michigan.gov/mioshastandards.
- Conduct a Safety Audit: Assess your current safety procedures to ensure compliance with MIOSHA regulations.
- Train Your Team: Educate employees and site supervisors on what to expect during inspections and the role of third-party representatives.
- Engage with Industry Experts: Consider consulting with safety professionals or legal advisors to understand how these changes may impact your projects.
Final Thoughts
This rule change is a significant shift in how MIOSHA inspections may be conducted in Michigan. By understanding the new provisions and proactively enhancing job site safety, you can minimize risks and maintain compliance with both state and federal regulations.
Stay ahead of regulatory updates, and make sure your business is prepared for this new MIOSHA rule. For more information, visit Michigan.gov/mioshastandards.
