3 Things to Know About MIOSHA Claims

By Cotney - Attorneys & Consultants

If you are a business owner in Michigan, you are likely familiar with the Michigan Occupational Safety and Health Administration (MIOSHA) and its requirements.

You might have experienced an unannounced inspection due to an employee complaint or an onsite accident, or you may have a routine inspection scheduled soon. Whatever your situation, below are some details that will help you prepare for future interactions with MIOSHA.

1. You Have Rights

As an employer and company owner, you are responsible for providing a healthy work environment for your employees. You are required to follow MIOSHA guidelines and provide safety training to your workers. But in addition to those requirements, you have rights.

After reviewing all the MIOSHA standards, you have the right to ask for variances or rule changes necessitated by your specific circumstances or experiences. You can also participate in the development and modifications of those rules.

If any of the rules are unclear or you need assistance with implementing them, you have the right to ask for education and training. These services are available through the MIOSHA Occupational Health and Occupational Safety Programs.

When a MIOSHA inspector arrives at your site, you are allowed to ask questions. If there has been a complaint, you can request to see the complaint. If you are accused of a violation, you can ask if that violation is still current at your site.

During an inspection, you have the right to accompany the inspector during the walkthrough and take notes. As part of the closing conference, you are allowed to ask questions about the investigator’s findings.

After an inspection, you are allowed to contest citations, fines, and correction requirements. You must file appeals within 15 days of receiving the citation.

2. You Can Benefit from Good Recordkeeping

Per MIOSHA, you are required to keep records of all work-related injuries and accidents, as well as any employee exposure to dangerous chemicals. You must also report to MIOSHA any fatalities or catastrophes within eight hours of the incident (a “catastrophe” indicates that three or more workers were hospitalized due to the same accident).

In addition to these requirements, you should keep written records of the training your workers receive with dates and other pertinent details. It will also benefit you to keep records of safety hazards you have identified and rectified, as well as disciplinary actions you have taken for workers who have violated safety protocols. If you have a safety committee, keep meeting minutes and include the names of everyone in attendance.

Another important document is your employee handbook. Make sure it is updated regularly and distributed to every employee, with copies at every site. Of particular importance are sections on safety training, processes, and procedures.

If your company has implemented a written safety program, MIOSHA can apply “good faith credits” toward any fines. For such a program to be considered, you must document employee involvement, worksite analysis, management commitment to safety, hazard recognition, and health and safety training for employees.

Having these records on hand, in an organized and easily accessible manner, will go a long way in showing your dedication to protecting your employees. During an inspection, investigators will want to see that you are keeping track of safety issues and actively exploring ways to correct them.

3. Your Citations and Fines Can Vary

After an inspection, the MIOSHA inspector will file a report with all the citations listed and send it to you by certified mail. That report will include the alleged violations, when corrections to the violations are due, and what monetary penalties you face.

If inspectors believe that working conditions on your site are likely to result in imminent physical harm or death, they can get approval to issue a “cease operation order.”

MIOSHA considers many factors when issuing citations and fines:

• How big your business is

• What previous citations are in your history

• How severe the violation is

• Serious—one that could result in substantial harm or death

• Other than serious—one that will likely not cause physical harm but threatens your worker safety

• Failure to correct—one that was previously noted but you have not yet fixed

• Willful—one that you knew about but chose not to correct

• Repeat—one found during a second or subsequent inspection

Maximum penalties for willful and repeat citations are more than $125,000, and you can be fined more than $12,000 a day for issues you fail to correct. As you can see, once you receive a citation, it is critical that you take steps to rectify the problem. The longer you wait, the higher your fines can be.

If you need more information about your rights regarding MIOSHA regulations or need support in appealing citations, be sure to consult legal counsel. An attorney experienced in labor law can assist you in navigating the system and understanding your options.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Cotney - Attorneys & Consultants is an advocate for the roofing industry and General Counsel of the National Roofing Contractors Association (NRCA). For more information, please visit www.cotneycl.com or call 866.303.5868.