MIOSHA vs. federal OSHA: construction rules that differ
Michigan keeps the federal 6-foot fall protection trigger, but MIOSHA requires a worksite accident prevention program, a certified first-aider at every worksite, and written permits for aerial work platform operators. Its ladder rules also bar standing within 3 feet of the top of a portable ladder.
Who the state plan covers
MIOSHA covers private and public (state and local government) employers in Michigan. On construction sites, Michigan’s Construction Safety and Health Standards (Mich. Admin. Code R 408.40101 onward) apply; some parts adopt 29 CFR 1926 subparts by reference and others are Michigan-written rules.
Where the rules differ
Fall protection trigger height
Same 6-foot trigger. Michigan Part 45 adopts 29 CFR 1926.500 through 1926.503 by reference. Ladders, scaffolds, steel erection and aerial work platforms have their own Michigan parts, so check the part for the equipment in use.
(b)(1) Unprotected sides and edges. Each employee on a walking/working surface (horizontal and vertical surface) with an unprotected side or edge which is 6 feet (1.8 m) or more above a lower level shall be protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems.Source
(3) The following provisions of the occupational safety and health administration (OSHA) regulations, except as amended in these rules, are adopted by reference in these rules: (a) 29 C.F.R. § 1926.500 “Scope, Application, and definitions applicable to this subpart.” (b) 29 C.F.R. § 1926.501 “Duty to have fall protection.”Source
Accident prevention program
Federal OSHA requires safety programs only “as may be necessary.” Michigan requires every construction employer to develop and maintain an accident prevention program with employees and to keep a copy at the worksite. Have it on site for MIOSHA inspections.
(1) It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to comply with this part.Source
(1) An employer shall develop, maintain, and coordinate with employees an accident prevention program, a copy of which shall be available at the worksite.Source
First aid on site
Federally, a certified first-aider is needed only when no clinic, hospital or physician is reasonably accessible. Michigan requires a person with a valid first aid certificate at every worksite, regardless of how close the hospital is.
(c) In the absence of an infirmary, clinic, hospital, or physician, that is reasonably accessible in terms of time and distance to the worksite, which is available for the treatment of injured employees, a person who has a valid certificate in first-aid training from the U.S. Bureau of Mines, the American Red Cross, or equivalent training that can be verified by documentary evidence, shall be available at the worksite to render first aid.Source
(3) A person who has a valid certificate in first aid training shall be present at the worksite to render first aid.Source
Standing near the top of a portable ladder
The federal rule bars standing on the top or top step of a stepladder. Michigan goes further for all portable ladders: no standing on the top 2 rungs or within 3 feet of the top. Correct anyone working from the top 3 feet of an extension ladder.
Metal ladders near power lines
Federal OSHA requires nonconductive side rails where a ladder could contact exposed energized equipment. Michigan also sets a distance: a metal ladder may not be used or moved unless 20 feet is kept from power transmission or distribution lines.
(12) Ladders shall have nonconductive siderails if they are used where the employee or the ladder could contact exposed energized electrical equipment, except as provided in § 1926.955(b) and (c) of this part.Source
(7) A metal ladder must not be used or moved unless a minimum of 20 feet is maintained between power transmission or distribution lines.Source
Aerial work platform operator permit
Federal OSHA says only authorized persons may operate an aerial lift. Michigan requires the employer to issue each operator a written aerial work platform permit that is carried by the operator or kept at the job site. Check for the permit, not only training records.
(ii) Only authorized persons shall operate an aerial lift.Source
(1) An employer shall provide the operator of an aerial work platform with an aerial work platform permit. … (3) A permit shall be carried by the operator or be available at the job site and shall be displayed upon request by a department of licensing and regulatory affairs representative.Source
Digging near underground utilities
Federal OSHA requires the exact location of underground installations to be found by “safe and acceptable means.” Michigan specifies the method once a public utility’s facilities are or are likely to be exposed: hand digging only, with support for the facilities.
(3) When excavation operations approach the estimated location of underground installations, the exact location of the installations shall be determined by safe and acceptable means.Source
(2) Upon receiving the information from the public utility, an employer shall exercise reasonable care when working in close proximity to the underground facilities of any public utility. If the facilities are to be exposed, or are likely to be exposed, only hand digging shall be employed in such circumstances and such support, as may be reasonably necessary for protection of the facilities, shall be provided in and near the construction area.Source
Masonry wall restricted zone
The federal limited access zone covers only the unscaffolded side of a masonry wall. For walls over 8 feet, Michigan’s restricted zone is set on both sides and both ends and runs 4 feet past each end of the wall. Mark and enforce the zone on both faces of the wall.
(2) The limited access zone shall be equal to the height of the wall to be constructed plus four feet, and shall run the entire length of the wall. (3) The limited access zone shall be established on the side of the wall which will be unscaffolded.Source
(1) For walls greater than 8 feet in height, a restricted zone shall be established prior to the start of the construction of the wall. The restricted zone shall meet all of the following requirements (see figure 1): (a) Be equal to the height of the constructed wall plus a minimum of 4 feet and run the entire length of the wall plus a minimum of 4 feet beyond the ends of the wall. (b) Be established on both sides and ends of the wall.Source
Also worth knowing
- Excavators: where the rotating superstructure could strike or pinch a worker, barricade the area or train workers and post danger signs on the rear and sides of the house and counterweight (R 408.41527).
- Traffic regulators must wear high-visibility apparel meeting ANSI/ISEA 107 Performance Class 2 or 3 (R 408.42223(4)).
- Steel erection hoisting, rigging and training are covered by Michigan rules that replace 29 CFR 1926.753 and 1926.761 (R 408.42609, R 408.42654).
- Mason contractors must notify the controlling contractor in writing before a masonry restricted zone will exist (R 408.40204(1)).
Common questions
Is Michigan’s construction fall protection height different from federal OSHA?
No. MIOSHA Part 45 (R 408.44501) adopts 29 CFR 1926.500 through 1926.503 by reference, so the 6-foot trigger in 1926.501(b)(1) applies. Ladders, scaffolds, steel erection and aerial work platforms are handled in their own Michigan parts.
Does a Michigan construction site need a first-aider even near a hospital?
Yes. R 408.40132(3) requires a person with a valid first aid certificate to be present at the worksite. The federal rule, 29 CFR 1926.50(c), requires one only when no clinic, hospital or physician is reasonably accessible.
Do aerial lift operators in Michigan need a permit?
Yes. R 408.43207 requires the employer to give each aerial work platform operator a permit, carried by the operator or available at the job site. Federal 29 CFR 1926.453(b)(2)(ii) only requires that operators be authorized.
This comparison covers selected construction topics for general information. It is not legal advice and not a complete list of differences. Local rules, employer type and the work being done decide what applies. See what Cirqify covers in each state and compare California, Oregon, Washington.