MIOSHA eNews — October 5, 2021

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Michigan Small Businesses: Apply for Matching Grants to Improve Workplace Safety and Health

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Are you part of a Michigan small business with 250 employees or less? If so, your company may be eligible to apply for a MIOSHA matching grant up to $5,000 to make improvements to your workplace's safety and health. 

The grants are available through the Workplace Improvement to Safety and Health (MIWISH) Grant Program and enable employers to purchase safety and health-related equipment and training that will provide a safer and healthier work environment and reduce the risk of injury and illness to workers in Michigan.

Preference will be given to employers in high hazard industries identified in MIOSHA’s 2019-2023 strategic plan. All projects will be evaluated based on the specific hazards addressed. The grant period began October 1, 2021, the start of MIOSHA’s 2022 fiscal year, and will continue until grant funding is expended.

MIOSHA encourages new grantees to take advantage of this program. Previous MIWISH grant recipients may apply for funds after January 1, 2022.

To qualify for the MIWISH grant program, eligible employers must have:

  • A qualified safety professional or safety committee conduct a site-specific evaluation justifying the equipment purchase.
  • Knowledge and experience to complete the project and commitment to implementation.
  • Match dollars for the grant money awarded and cover all estimated project costs. 

Recommended actions must be in the form of equipment or work area modifications to be used to reduce workplace hazards. Only items referenced in the application can be considered eligible, within the proposed project. 

Some equipment examples include: 

  • Residential fall protection systems 
  • Lifting equipment or portable lifting equipment for in-home care or small nursing/residential care facilities 
  • Monitoring equipment for confined space entry 
  • Noise reduction engineering controls 
  • Lock out/tag out systems 
  • Cooling systems for agriculture-based worksites 
  • Eyewash stations 

For more information about the MIWISH grant program and how to apply, visit michigan.gov/mioshagrants, or contact MIOSHA’s Consultation Education and Training grant administrator at 269-275-7155. 

In-person MTI Courses are Back!

Photo of students in classroom with face masks

In case you missed it, the MIOSHA Training Institute (MTI) is returning to face-to-face classroom instruction this month! 

Those who benefit from in-person instruction can now enjoy a return to the classroom, while those who would prefer to complete virtual instructor-led trainings will still have the option to do so.  

For the safety of MTI students, MIOSHA is encouraging all MTI co-sponsors to follow updated CDC guidelines, which recommend implementing face coverings for all employees and visitors. Ultimately, the host site will determine what safety measures to put in place during each in-person course to support the health and safety of all MTI students. 

Why Take Advantage of MTI Courses?

Employers that provide a proactive occupational safety and health education program for their employees have been shown to experience lower workers’ compensation costs, increased employee productivity and less absenteeism and turnover, among other benefits.

When employers take MTI courses, it offers them the opportunity to meet with consultants and compliance officers, and network with industry peers. And when you offer this training to your employees, you may qualify for a reduction on any penalties incurred during a MIOSHA inspection in acknowledgement of your proactive safety practices. 

Our MTI calendar is chock-full of affordable, informative courses that can help you and your company achieve MIOSHA compliance, while improving and advancing occupational safety and health in the workplace. For a complete list of scheduled courses, check out the MTI calendar. Partial scholarships are available for many of the courses, with the exception of pilot courses and boot camps.

To learn more about MIOSHA’s Training Institute and what it can do for you, please contact MIOSHA’s Consultation Education and Training Division at 517-284-7720 or visit the website at michigan.gov/mti.

Recent Rulings on MIOSHA Contested Citations

Recently, the Michigan Court of Appeals, Wayne County Circuit Court and the Board of Health and Safety Compliance and Appeals (“board”) issued rulings on contested MIOSHA safety and health citations. 

As a procedural refresher, contested citations may result in an evidentiary or motion hearing conducted by an Administrative Law Judge (ALJ). The ALJ issues a written decision summarizing the case’s procedural history, factual findings and conclusions of law, including whether the citations and penalties are being affirmed, modified or vacated. The ALJ’s decision is presented to the board for consideration. The board may elect to take no action on the ALJ’s decision, thereby adopting it as the board’s final order, or direct the case for further review and discussion by the board members. Following discussion, the board may order return of the case to the ALJ for further testimony or evidence or issue its own written decision affirming, modifying or reversing the ALJ’s proposed decision. Board decisions are considered the final agency order, absent further appeal.

Any party involved in the case who is not satisfied with the board’s final order in the case can file a claim of appeal in the circuit court. The circuit court reviews the board’s final order and issues a ruling as to whether the board’s order is affirmed, modified or reversed. Any party not satisfied with the circuit court ruling may opt to file an application for leave with the Court of Appeals requesting the appellate court hear their appeal of the circuit court’s ruling. The Court of Appeals may accept or deny the application to hear the appeal. If the Court of Appeals accepts the application, the appellate court will review the circuit court ruling, along with the prior ALJ and board decisions in the case and issue an opinion on whether the circuit court ruling should be affirmed, modified or reversed. Any party not satisfied with the Court of Appeals ruling can apply for an appeal with the Michigan Supreme Court.

The following is a summary of the recent decisions issued by the Court of Appeals, Circuit Court and the board:

On August 26, 2021, the Court of Appeals issued a published opinion affirming the circuit court’s decision. The Court of Appeals’ ruling resulted in Citation 1, Item 1 and Citation 2, Item 2 and their penalties being upheld. The citations were issued under MIOSHA General Industry Health Standard Part 591, Process Safety Management of Highly Hazardous Chemicals. Citation 2, Item 1 was dismissed by the ALJ and was not included in the state court appeals.

On September 3, 2021, the Wayne County Circuit Court issued an order affirming the board’s final order. This circuit court’s ruling resulted in all three citations and penalties issued being upheld. The citations were issued under MIOSHA Construction Safety Standards Part 1 (General Rules), Part 6 (Personal Protective Equipment), and Part 20 (Demolition).

On September 20, 2021, the board issued a decision partially reversing the ALJ’s decision. The ALJ’s decision vacated the three serious citations and penalties. The board’s ruling resulted in Citation 1, Item 1a being vacated and Citation 1, Item 1b and Citation 1, Item 2 being reinstated along with their proposed penalties. The citations were issued under MIOSHA General Industry Safety Standards Part 14 (Conveyors) and Part 21 (Powered Industrial Trucks).

On September 20, 2021, the board issued a decision reversing the ALJ’s decision. The ALJ’s decision dismissed the employer’s appeal for failure to file the appeal within the 15 working day deadline. The board’s ruling resulted in the continuation of the appeal process for three serious citations issued under MIOSHA Construction Safety Standards Part 32 (Aerial Work Platforms) and Part 45 (Fall Protection).

On September 20, 2021, the board issued a decision partially reversing the ALJ’s decision. The ALJ’s decision vacated the two citations and penalties. The board’s ruling resulted in Citation 1, Item 1 being vacated and Citation 1, Item 2 being affirmed. The citations were issued under MIOSHA Construction Safety Standard Part 12 (Scaffolds and Scaffold Platforms) and MIOSHA Administrative Standard Part 13 (Inspections and Investigations, Citations and Proposed Penalties). The upheld citation related to lack of cooperation of the employer during the inspection.

On September 20, 2021, the board issued a decision partially reversing the ALJ’s decision. The ALJ’s decision reclassified the single citation from a serious violation to an other-than-serious violation and reduced the penalty to zero dollars. The board’s ruling resulted in the reinstatement of the serious classification but affirmed the reduced penalty. The citation was issued under MIOSHA General Industry Health Standard Part 305, Asbestos for General Industry.

A copy of any of the above MIOSHA citation decisions may be obtained by submitting a MIOSHA Freedom of Information Act (FOIA) request. For more information about the board, its members or meetings, see the Board of Health and Safety Compliance and Appeals Meetings page under the "Compliance" section of the MIOSHA website.

2022 MIOSHA Working Day Calendar Now Available

The 2022 MIOSHA Working Day Calendar is now available on the MIOSHA website. The MIOSHA Working Day Calendar helps employers and MIOSHA staff identify and accurately calculate the statutory “working day” deadlines outlined in the Michigan Occupational Safety and Health Act. Deadlines such as filing a citation appeal, paying a citation penalty and submitting a discrimination complaint determination appeal. The calendar highlights the days that are not to be counted toward a “working day” deadline stated in the Act. The reverse side of the calendar also lists the working day deadlines prescribed in the Act.

MIOSHA Working Day Calendar

WATCH: Improve Workplace Safety and Maximize Profit Margins Webinar

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Did you miss the Michigan Challenge Program webinar on September 2? Don't sweat it!

Catch the recorded version on our YouTube channel to learn how your business can build a safer, healthier workplace through MIOSHA's Michigan Challenge Program.

For more information about the program, visit the MIOSHA website

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Michigan Worker Deaths of 2021

To date, there have been 30 work-related fatalities reported to MIOSHA in 2021. The information below shares preliminary details about the most recent fatalities reported to MIOSHA which are believed to be covered by the MIOSH Act. The description reflects information provided to MIOSHA at the initial report of the incident and is not the result of the official MIOSHA investigation.

Preliminary summaries of the most recent 2021 incidents:

On Aug. 31, a subcontractor was performing work on a dam using a barge-mounted crane on the river. The crane fell over, striking the 49-year-old superintendent who was on land.

On Sept. 1, a 40-year-old laborer was standing on the right side of a wood chipper near the controls when a loud bang occurred. Three other employees who were onsite responded to the sound, where they found the employee with fatal head injuries.

On Sept. 8, a 38-year-old lineman was hoisting a primary power line up to splice a line while in the bucket of a bucket truck. A coworker could not see the lineman and called out to him. When there was no response, the coworker lowered the bucket and found the lineman unresponsive.

The employee’s place of employment had been experiencing a large COVID-19 outbreak since March 5. The 35-year-old machine operator was discovered dead in his home on March 18, 2021, and the cause of death was determined to be respiratory failure due to COVID-19 infection.

A 37-year-old truck driver parked and exited their truck and flatbed trailer that was to be loaded with shipping containers from a crane. During the loading operation, the employee was struck by the crane and sustained fatal injuries.

Michigan Worker Deaths of 2020

To date, there have been 74 work-related fatalities reported to MIOSHA in 2020. The information below shares preliminary details about the most recent fatalities reported to MIOSHA which are believed to be covered by the MIOSH Act. The description reflects information provided to MIOSHA at the initial report of the incident and is not the result of the official MIOSHA investigation. To report fatalities/catastrophes, call MIOSHA at 800-858-0397.

Preliminary summary of the most recent 2020 incident:
The 52-year-old police sergeant had prior close contact with a fellow worker who eventually was diagnosed with COVID-19 on Oct. 24, 2020. The employee's last day of work was Oct. 22, and he tested positive for COVID-19 on Oct. 28. He was hospitalized and later died on Nov. 4, 2020 due to COVID-19. The deceased was one of seven members of the township’s police department to have tested positive for COVID-19 within the span of a week. 

Every life is precious. Our mutual goal must be that every employee goes home at the end of every shift unharmed.

If you need help or assistance in ensuring your workplace is safe, MIOSHA is here to assist you. The CET Division provides workplace safety and health training and consultations to employers and employees throughout Michigan, free of charge. Contact CET today at 800-866-4674 or request CET services online.

Press Release

Sept. 16, 2021 — Brinkmann Pumps, Inc. Earns Exemplary "MSHARP" Workplace Safety and Health Status

Agency Instructions Issued

Sept. 13, 2021COVID-19 Healthcare Setting — State Emphasis Program (SEP)
Sept. 8, 2021Silica — State Emphasis Program (SEP)
Aug. 30, 2021Eyewash/Shower Equipment

Variances

Variances from MIOSHA standards must be made available to the public in accordance with Part 12, Variances (R408.22201 to 408.22251). MIOSHA variances are published online at michigan.gov/mioshavariances.

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