Mich. Admin. Code R. 408.22135 - Employee involvement

Rule 1135.

(1) Basic requirement. Your employees and their representatives must be involved in the recordkeeping system as follows:

(a) You must inform each employee of how he or she is to report a work-related injury or illness to you.

(b) You must provide employees with the information described in subrule (2)(c) of this rule.

(c) You must provide access to your injury and illness records for your employees and their representatives.

(2) Implementation. What must I do to make sure that employees report work-related injuries and illnesses to me?

(a) You must establish a reasonable procedure for employees to report work-related injuries and illnesses promptly and accurately. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness.

(b) You must inform each employee of your procedure for reporting work-related injuries and illnesses.

(c) You must inform each employee of both of the following:

(i) Employees have the right to report work-related injuries and illnesses.

(ii) Employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illnesses.

(d) You must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness.

(3) Am I required to give my employees and their representatives access to the MIOSHA injury and illness records? Yes, your employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the MIOSHA injury and illness records, with some limitations, as follows:

(a) Who is an authorized employee representative? An authorized employee representative is an authorized collective bargaining agent of employees.

(b) Who is a "personal representative" of an employee or former employee? A personal representative is either of the following:

(i) Any person who the employee or former employee designates in writing.

(ii) The legal representative of a deceased or legally incapacitated employee or former employee.

(c) If an employee or representative asks for access to the MIOSHA 300 Log, when am I required to provide it? When an employee, former employee, personal representative, or authorized employee representative asks for copies of your current or stored MIOSHA 300 Log or Logs for an establishment the employee or former employee has worked in, you must give the requester a copy of the relevant MIOSHA 300 Log or Logs by the end of the next business day.

(d) May I remove the names of the employees or any other information from the MIOSHA 300 Log before I give copies to an employee, former employee, or employee representative? No, you must leave the names on the 300 Log. However, to protect the privacy of injured and ill employees, you may not record the employee's name on the MIOSHA 300 Log for certain "privacy concern cases," as specified in R 408.22129(7) to (10).

(e) If an employee or representative asks for access to the MIOSHA 301 Incident Report, when am I required to provide it?

(i) When an employee, former employee, or personal representative asks for a copy of the MIOSHA 301 Incident Report describing an injury or illness to that employee or former employee, you must give the requester a copy of the MIOSHA 301 Incident Report containing that information by the end of the next business day.

(ii) When an authorized employee representative asks for copies of the MIOSHA 301 Incident Reports for an establishment where the agent represents employees under a collective bargaining agreement, you must give copies of those forms to the authorized employee representative within 7 calendar days. You are only required to give the authorized employee representative information from the MIOSHA 301 Incident Report section titled "tell us about the case." You must remove all other information from the copy of the MIOSHA 301 Incident Report or the equivalent substitute form that you give to the authorized employee representative.

(f) May I charge for the copies? No, you may not charge for these copies the first time they are provided. However, if one of the designated persons asks for additional copies, you may assess a reasonable charge for retrieving and copying the records.

Notes

Mich. Admin. Code R. 408.22135

1979 AC; 2001 AACS; 2002 AACS ; 2016 MR 21, Eff. 1/2/2017