MIOSHA
Michigan Occupational Safety and Health Administration
Department of Licensing and Regulatory Affairs
DOCUMENT IDENTIFIER:
MIOSHA-MEMO-COM-06-1R5
SUBJECT: MIOSHA Field Operations Manual (FOM)
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Purpose:
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Scope:
References:
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Distribution:
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Cancellations:
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Contact:
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Originator:
AGENCY
MEMORANDUM
DATE: November 22, 2013
To revise and update the MIOSHA Field Operations Manual (FOM)
for Enforcement.
Agency wide.
US Department of Labor, Occupational Safety and Health
Administration Field Operations Manual CPL 02-00-148, dated
April 2011.
MIOSHA Staff; OSHA Lansing Area Office; General; S-drive
Accessible; MIOSHA Weekly; and Internet Accessible.
History of previous versions include:
MIOSHA-MEMO-COM-06-1R4, June 11, 2010
MIOSHA-MEMO-COM-06-1R3, April 6, 2010
MIOSHA-MEMO-COM-06-1R2, March 27, 2007
MIOSHA-MEMO-COM-06-1R1, October 25, 2006
MIOSHA-MEMO-COM-06-1, February 1, 2006
Martha B. Yoder, Director
/Martha B. Yoder/
Martha B. Yoder, Director
In Consultation with the FOM Work Group
Michigan Occupational Safety and Health Administration
Significant Changes
Federal OSHA updated its Field Operations Manual (FOM) in April 2011. As part of
MIOSHA’s three-year review process, MIOSHA has reviewed and revised its FOM. For a
complete list of significant changes, please see Appendix.
Click for current FOM: Field Operations Manual, as amended.
MIOSHA-MEMO-COM-06-1R5
November 22, 2013
MIOSHA Field Operations Manual
APPENDIX
Significant Changes
Made corrections to section numbers to the MIOSH Act throughout the Field Operations Manual
(FOM) required due to legislative changes to the Act.
Page 3 – Jurisdiction – Coordination with Other Federal and State Agencies - clarified language
regarding MIOSHA Jurisdiction for public employees engaged in maritime work.
Page 5 – Community Service - clarified language for Court Ordered and Non-Court Ordered
Community Service.
Page 10 – Construction Safety and Health Division (CSHD) Responsibilities - added language to
include participation in cooperative programs and updated the position titles within the division
structure.
Page 11 – General Industry Safety and Health Division (GISHD) Responsibilities – added
language to include participation in cooperative programs and updated the position titles within
the division structure.
Page 12-14 – Technical Services Division (TSD) Responsibilities – added the Wage and Hour
Program, Radiation Safety Section, and the Regulatory Services Section. Updated the position
titles within the division structure.
Page 17 – MIOSHA Appeals Division Responsibilities – added language that the Appeals
Division represents the enforcement divisions at the formal appeal stage for petitions for
modification of abatement and discrimination complaints.
Page 21 – Standards Promulgation – modified language to reflect that safety and health standards
are now promulgated by the department. Updated the language regarding the advisory
committee’s role in the rule promulgation process.
Page 22 – Standards Application – modified the language regarding the limited number of
general industry standards applying to agriculture.
Page 32 – Voluntary Compliance Programs – clarified language regarding employers’
participation in voluntary compliance programs. Employers who participate in voluntary
compliance programs may be exempt from programmed inspections.
Page 33 – Complaint Definition – clarified language to add an attorney acting on behalf of an
employee as an individual knowledgeable of the situation.
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MIOSHA-MEMO-COM-06-1R5
November 22, 2013
MIOSHA Field Operations Manual
Page 38-39 – Programmed Inspections – added additional language for GISHD to include the
system is augmented with special programs such as national and local emphasis programs.
Page 39 – Programmed Inspections – added additional language for CSHD to include the system
is augmented with special programs such as national and local emphasis programs. Added
language regarding contractors performing friable asbestos removal or encapsulation work in
Michigan provide project notifications ten calendar days prior to any non-emergency asbestos
project.
Page 41 – Inspection Preparation – added Fall Protection for MIOSHA Personnel and Power
Substation Entry to the list of safety and health rules and practices a SO/IH is required to comply
with.
Page 52 & 68 – Public Information Policy - language updated to reflect current MIOSHA
Media/Communications Policy and added a reference to the instruction.
Page 52-53 – Opening Conference - clarified language regarding the pamphlet “Your Rights and
Responsibilities Under MIOSHA” to reflect its use at the opening conference may be used for
assistance in expediting an opening conference but cannot be used as a substitute for an opening
conference.
Page 53-54 – Attendance at Opening Conference - added exceptions to SO/IH conducting a joint
opening conference which include: if either party objects or if it is infeasible to hold a joint
opening conference due to unavailability of employer or employee representatives, the SO/IH
may conduct separate conferences.
Page 56 – Good Faith Evaluation – language was modified to reflect the SO/IH shall evaluate the
employer’s good faith efforts to comply with the requirements of the Act. The Good Faith
Worksheet will be completed for all inspections with an alleged violation(s).
Page 57 – Interviews – added the SO/IH shall be in charge of inspections and questioning of
persons.
Page 58 – Privacy – added interviewing employees in private is MIOSHA’s right. Language
regarding employer representatives was removed.
Page 61-62 – Imminent Danger Referrals within MIOSHA Enforcement Divisions – language
modified for CSHD. Assistance is requested via a telephone call.
Page 70 – Follow-up Inspections – modified the language under Purpose and Procedures.
Page 71 – Enhanced Follow-up Inspections – added procedures for Severe Violator Enforcement
Program (SVEP inspections.
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MIOSHA Field Operations Manual
Page 72 – Intra-Office Assistance (IOA) Safety/Health Inspections – revised the definition
language for an IOA.
Page 79 – Inspection Conducted, Citations to be Issued – added language “a diary sheet,
chronology of actions taken, or both, regarding the case file to the list of pertinent information.”
Page 93 – Repeat Violations – clarified repeat violation language. “An employer may be cited
for a repeat violation if that employer has been cited previously for a substantially similar
condition, the previous violation was abated and has reoccurred, has become a final order, and
the case is closed.
Page 93 – Time Limitations – clarified the time limitation for repeat violations. “A rule violation
will be cited as a repeat violation if the violation occurred within three (3) years of the case
closing date. The case closing date is determined by the close date on the OSHA website for that
particular case file.”
Page 94 – Inspection History – provided examples of when employers share a common worksite.
Page 98 – Combining and Grouping Violations – updated the instance-by-instance violation
language to egregious violations.
Page 111 – Penalty (Reduction) Adjustment Factors – added “individual” factors generally shall
be calculated only once for each employer under Limitations.
Page 114 – Proposed Penalty Table – modified the gravity based penalties for 85%, 90%, and
95% for the Reduction in the proposed penalty table and updated the table to reflect $200 is the
minimum serious penalty.
Page 118 – Repeat Violations – clarified the language for gravity-based penalty factors, “Only
the adjustment factors for size appropriate to the facts at the time of the current inspection shall
be applied.”
Page 118 – Repeat Violations - clarified language for penalty increased factors for Small and
Large Employers.
Page 119 – Repeat Violations – clarified language in the Other-than-Serious with Lesser
Probability penalty schedule.
Page 120 – Willful Violation – clarified the language for Other-than-Serious willful penalty.
Page 127 – Petition for Modification of Abatement (PMA) – clarified language for when an
employer may petition the Board for an extension of the abatement date.
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