Mich. Admin. Code R. 408.22138 - Private sector variances from recordkeeping rule
Rule 1138.
(1)
If you are a private employer and wish to keep records in a different manner
from the manner prescribed by these rules, you may submit a variance petition
to the Assistant Secretary of Labor for Occupational Safety and Health, U.S.
Department of Labor, Washington, DC 20210. You can obtain a variance only if
you can show that your alternative recordkeeping system provides all of the
following:
(a) Collects the same information
as this standard requires.
(b)
Meets the purposes of the act.
(c)
Does not interfere with the administration of the occupational safety and
health act of 1970,
29
U.S.C. §
651 et seq.
(2) What do I need to include in my variance
petition? You must include all of the following items in your petition:
(a) Your name and address.
(b) A list of the state or states where the
variance would be used.
(c) The
address or addresses of the business establishment or establishments
involved.
(d) A description of why
you are seeking a variance.
(e) A
description of the different recordkeeping procedures you propose to
use.
(f) A description of how your
proposed procedures will collect the same information as would be collected by
these rules and achieve the purpose of the occupational safety and health act
of 1970,
29
U.S.C. §
651 et seq.
(g) A statement that you have informed your
employees of the petition by giving them or their authorized representative a
copy of the petition and by posting a statement summarizing the petition in the
same way as notices are posted under
29
C.F.R. 1903.2 "Posting of notice;
availability of the Act, regulations and applicable standards" rule (a), as
adopted in
R
408.22102a.
(3) How will the assistant secretary handle
my variance petition? The assistant secretary will take the following steps to
process your variance petition:
(a) The
assistant secretary will offer your employees and their authorized
representatives an opportunity to submit written data, views, and arguments
about your variance petition.
(b)
The assistant secretary may allow the public to comment on your variance
petition by publishing the petition in the Federal Register. If the petition is
published, the notice will establish a public comment period and may include a
schedule for a public meeting on the petition.
(c) After reviewing your variance petition
and any comments from your employees and the public, the assistant secretary
will decide if your proposed recordkeeping procedures will meet the purposes of
the occupational safety and health act of 1970,
29
U.S.C. §
651 et seq., will not otherwise
interfere with the act, and will provide the same information as the 29 C.F.R.
§ 1904 "Recording and Reporting of Occupational Injuries and Illnesses" as
amended 2016, as adopted in
R
408.22102a, regulations provide. If your procedures
meet these criteria, the assistant secretary may grant the variance subject to
such conditions as he or she finds appropriate.
(d) If the assistant secretary grants your
variance petition, OSHA will publish a notice in the Federal Register to
announce the variance. The notice will include the practices the variance
allows you to use, any conditions that apply, and the reasons for allowing the
variance.
(4) If I apply
for a variance, may I use my proposed recordkeeping procedures while the
assistant secretary is processing the variance petition? No. Alternative
recordkeeping practices are only allowed after the variance is approved. You
must comply with the 29 C.F.R § 1904 "Recording and Reporting of
Occupational Injuries and Illnesses," as amended 2016, as adopted in
R
408.22102a, regulations while the assistant secretary
is reviewing your variance petition.
(5) If I have already been cited by MIOSHA
for not following these rules, will my variance petition have any effect on the
citation and penalty? No. In addition, the assistant secretary may elect not to
review your variance petition if it includes an element for which you have been
cited and the citation is still under review by a court, an administrative law
judge (ALJ), or the MIOSHA review commission.
(6) If I receive a variance, may the
assistant secretary revoke the variance at a later date? Yes, the assistant
secretary may revoke your variance if he or she has good cause. The procedures
revoking a variance will follow the same process as OSHA uses for reviewing
variance petitions, as provided in subrule (3) of this rule. Except in cases of
willfulness or where necessary for public safety, the assistant secretary will
do both of the following:
(a) Notify you in
writing of the facts or conduct that may warrant revocation of your
variance.
(b) Provide you, your
employees, and authorized employee representatives with an opportunity to
participate in the revocation procedures.
Notes
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