Michigan — Workplace Safety

Michigan operates under an OSHA-approved state plan. The Michigan Occupational Safety and Health Administration (MIOSHA) administers workplace safety and health enforcement under the Michigan Occupational Safety and Health Act, Public Act 154 of 1974, codified at Mich. Comp. Laws § 408.1001 et seq. MIOSHA is part of the Michigan Department of Labor and Economic Opportunity. The state plan covers all private-sector employers and state and local government employers in Michigan, with limited exceptions (federal government employees, the U.S. Postal Service, maritime activities, mining, and domestic employment remain under federal OSHA jurisdiction).

Recent statutory amendment (material change):

• In 2024, Public Act 17 amended the Michigan Occupational Safety and Health Act to define and address "repeated asbestos-related violations" and to provide for reduction of civil penalties under defined conditions. These changes are effective April 2, 2025. Practitioners should review the updated text for implications on MIOSHA enforcement of asbestos-related standards. The remainder of the Act's core authority, coverage, and MIOSHA's state plan status remain unchanged as of June 2024.

State plan approval and status:

• MIOSHA's state plan was initially approved in 1973, granted certification in 1980, and continues to be recognized as operationally at least as effective as federal OSHA. No changes to state plan status or scope have been adopted or proposed in the past year.

Source: OSHA Michigan State Plan | Mich. Comp. Laws § 408.1001 et seq. | 2024 amendment to MIOSHA Act, PA 17 of 2024

Michigan employers remain subject to MIOSHA Administrative Part 11 (Recording and Reporting of Occupational Injuries and Illnesses), which is substantively aligned with the federal OSHA recordkeeping standard, 29 C.F.R. § 1904. Significant amendments to Part 11 were filed with Michigan's Secretary of State on March 23, 2026, and become effective March 30, 2026. These amendments update specific rule text and appendices, especially Appendix A (designating partially exempt low-hazard industries) and Appendix C (electronic submission requirements), and bring language, scope, and referenced NAICS categories into conformity with recent federal and state recordkeeping developments.

Scope of obligations — unchanged baseline: Practitioners should note the fundamental obligations for injury and illness recordkeeping (use of Forms 300, 301, and 300A; retention for five years; annual posting for Feb. 1–Apr. 30; immediate reporting of fatalities or serious injuries) remain in effect. The general exemption for employers with 10 or fewer employees, and industry-based exemptions per updated Appendix A, are unchanged except for amended NAICS designations.

Effective date for 2026 amendments: For records of injuries and illnesses after March 30, 2026, employers must reference the newly effective version of MIOSHA Part 11 and its appendices, including the re-designated low-hazard industry lists and submission thresholds in Appendix C. Practitioners should consult the linked official standard for detail on which NAICS codes are newly covered or exempt for electronic reporting purposes, and any changes to documentation practices.

Rule and appendix source authority: These updates are implemented by the Michigan Department of Labor and Economic Opportunity, MIOSHA, and were published in the Michigan Register (MR7, May 2026) and on the official MIOSHA Standards page. Electronic submission continues to use OSHA’s Injury Tracking Application, unless MIOSHA designates a separate portal in the future.

Source: MIOSHA Part 11, Recording and Reporting of Occupational Injuries and Illnesses, as amended (effective March 30, 2026) | Michigan Register, MR7, May 2026 (pp. 40–42, Part 11 amendment) | MIOSHA Recordkeeping and Reporting official portal

MIOSHA penalties for workplace safety violations are governed by the Michigan Occupational Safety and Health Act, with a major update effective April 2, 2025, via Mich. Comp. Laws § 408.1035a. This statutory amendment significantly reduces maximum civil penalty amounts, superseding previous limits and introducing revised criminal provisions.

Civil penalties — serious, other-than-serious, and posting violations

• For violations occurring on or after April 2, 2025, the penalty structure is as follows:
• Most violations (including serious and other-than-serious): up to $1,000 per violation.
• Posting requirement violations: up to $7,000 per violation.
• Failure to correct (abatement) violations: up to $1,000 per day until abatement.

Willful and repeat violations

• For willful or repeat violations, the civil penalty may be up to $10,000 per violation.
• The statute no longer includes the prior mandatory minimum ($5,000) or maximum ($70,000) as in federal OSHA or prior Michigan law.

Criminal penalties

• Willful violations that cause death of an employee: Up to 1 year imprisonment, or a fine up to $10,000, or both. For a subsequent conviction, the penalty rises to up to 3 years imprisonment or a fine up to $20,000, or both.
• Knowingly making false statements or certifications: misdemeanor, with a fine up to $10,000 and/or up to 6 months in jail.

Administrative practices

• MIOSHA Field Operations Manual and agency enforcement policy remain relevant for aggravating factors (e.g., case multipliers), but statutory penalty maximums and structure now follow MCL 408.1035a for conduct after April 2, 2025.

Note — Effective Date and Transition

• The revised penalties in § 408.1035a apply to violations that occur on or after April 2, 2025. Earlier violations remain subject to the prior statutory amounts. Practitioners should confirm the violation date before applying the updated penalty schedule.

Source: Mich. Comp. Laws § 408.1035a (effective April 2, 2025) | MIOSHA Field Operations Manual, Ch. 4

The Michigan Occupational Safety and Health Act (MIOSHA) prohibits employers from discharging, threatening, or otherwise discriminating against employees for engaging in protected activities related to workplace safety. Under Mich. Comp. Laws § 408.1065(1), retaliation is specifically banned against employees who:

• file a complaint about occupational safety or health;
• participate in a MIOSHA investigation or proceeding;
• exercise any right under the Act; or
• report a workplace injury, illness, or unsafe condition.

Refusal to perform unsafe work: MIOSHA provides additional protection to employees who, in good faith, refuse to perform an assigned task that they reasonably believe poses an imminent danger of death or serious physical harm and who have sought correction from their employer. The law protects such refusal only if the danger is so immediate that there is not enough time to use regular enforcement channels (§ 408.1065(3)).

Filing a retaliation complaint — procedure and deadline: Employees who believe they have suffered retaliation must file a complaint with MIOSHA within 30 days of the alleged violation (§ 408.1065(2)). The complaint should detail the protected activity, the adverse action, and relevant dates and facts. Complaints are accepted by MIOSHA’s Employee Discrimination Division and can be submitted by mail, in person, or electronically (see MIOSHA official forms and instructions). MIOSHA will investigate and can order remedies, such as reinstatement, back pay, or other relief if a violation is found.

Relationship to federal OSHA: MIOSHA’s anti-retaliation provisions align closely with Section 11(c) of the federal OSH Act, but Michigan enforces these rights under its own statute. Federal OSHA accepts retaliation complaints related to federally covered workplaces, but MIOSHA handles complaints for Michigan Act-covered employers.

Source: Mich. Comp. Laws § 408.1065)/mileg.aspx?page=GetObject&objectname=mcl-408-1065) | MIOSHA, Filing a Complaint of Discrimination

If you receive a MIOSHA (Michigan Occupational Safety and Health Administration) citation, both the process and strict deadlines are governed by the Michigan Occupational Safety and Health Act and detailed in MIOSHA’s own appeals publications. Here’s how the contest and appeal process works from initial citation to final Board order.

Step 1: First appeal (to issuing division) Within 15 working days after receiving the citation, the employer (or, on abatement date only, an employee or their representative) must submit a written appeal to the MIOSHA division that issued the citation. Only violation, penalty, and abatement date may be appealed by the employer; an employee or representative may only appeal the abatement deadline, not the violation finding or penalty (CET-0146, p. 2, Field Operations Manual Ch. VII).

Posting Requirement: The employer must post copies of both the appeal and all subsequent decisions at or near each cited location, where employees can view them, until all abatement or contest proceedings end (Field Operations Manual, Ch. VII, p. 7-7).

MIOSHA division review: The division must issue a decision within 15 working days of receiving the appeal. If no appeal is received by the initial deadline, the citation and penalty automatically become a final order of the Board ([CET-0146, p. 2]).

Step 2: Formal (second) appeal to Board of Health and Safety Compliance and Appeals If dissatisfied with the first decision, the party may file a second written appeal (“petition for Board review”) within 15 working days of the division’s decision. This must also be posted at or near the citation ([CET-0146, p. 2]). The MIOSHA Appeals Division coordinates transmission of the file to the Board, which refers cases to a prehearing conference held before an administrative law judge (ALJ) from the Michigan Office of Administrative Hearings and Rules (MOAHR) ([CET-0146, p. 2-3]; MIOSHA-COM-04-2).

Prehearing/settlement: At the prehearing conference, parties may resolve the dispute. If no settlement, the case proceeds to a formal contested hearing before the ALJ (Field Operations Manual, Ch. VII, p. 7-9 to 7-10).

Step 3: ALJ hearing and Board review The ALJ holds a formal contested-case hearing. MIOSHA’s Appeals Division acts as legal counsel for the agency; the Attorney General may appear in certain high-profile cases, but not as a matter of routine—there is no statutory requirement for their involvement ([Field Operations Manual, Ch. VII, p. 7-12; source silence on AG role]). The ALJ issues a written decision. The Board reviews the ALJ's proposed order if a party requests review or on its own initiative, otherwise the ALJ’s order becomes final after 30 days ([CET-0146, p. 3]; FACT A003).

Appeal to court: Board final orders may be appealed by any party to Michigan circuit court ([CET-0146, p. 4]).

Late appeals: If a required deadline is missed, a party can request a late appeal. The Appeals Division and Board may grant relief from the final order if “good cause” is shown. An ALJ reviews whether procedural lateness can be excused (Fact Sheet A002).

For pin citations to which document governs each step (deadlines, posting, late appeals), see the references below.

Source: MIOSHA Enforcement and Appeals Overview (CET‑0146) | MIOSHA Field Operations Manual, Ch. VII | MIOSHA Fact Sheet #2 – Late Appeals | MIOSHA Administrative Instruction on Appeals MIOSHA-COM-04-2 | MIOSHA Fact Sheet #3 – Citation Hearings