4.4 Personnel: MIOSHA Administration, Recordkeeping, Wages, Minors & Benefits

Safety Administration

Michigan runs its own occupational safety program, MIOSHA, now part of the Department of Labor and Economic Opportunity (LEO), under the Michigan Occupational Safety and Health Act, 1974 PA 154. The employer's administrative duties include:

• Accident prevention program. Every construction employer must develop, maintain, and coordinate with employees a written accident prevention program, with a copy available at the worksite (R 408.40114).
• Training. Train workers on the hazards, tools, and procedures for their tasks, such as ladders, fall protection, and hazard communication.
• First aid. A person with a valid first aid certificate must be present at the worksite, and arrangements for prompt medical attention must be made before the project starts (R 408.40132).
• Posting. Display the required MIOSHA poster. A posting violation carries a civil penalty of up to $7,000.

Recordkeeping and Reporting (MIOSHA Part 11)

Employers with 10 or fewer employees at all times during the last calendar year do not need to keep the injury and illness logs, but they must still report fatalities and severe injuries. Under MCL 408.1061, employers must also keep records of employee exposure to toxic substances they are required to monitor. Employees have the right to see their own exposure records.

MIOSHA Penalties (MCL 408.1035)

A willful violation that causes an employee's death is a felony punishable by up to 1 year and $10,000. A second such conviction carries up to 3 years and $20,000. Knowingly falsifying required records is a misdemeanor punishable by up to 6 months and $10,000. Unauthorized advance notice of an inspection is also a misdemeanor.

Wages and Hours

Michigan's Improved Workforce Opportunity Wage Act (2018 PA 337) covers employers with 2 or more employees age 16 and older.

The federal Fair Labor Standards Act also applies. When state and federal rules differ, the employer follows the one more protective of the worker. Michigan's Payment of Wages and Fringe Benefits Act (1978 PA 390) governs paydays and pay statements. It bars deductions from wages without the employee's full, free, and written consent, except deductions required by law. The Earned Sick Time Act requires eligible employees to accrue 1 hour of paid sick time for every 30 hours worked, with carryover and use limits that depend on employer size.

Minors

• Michigan's Youth Employment Standards Act requires a work permit for workers under 18 through LEO's Youth Employment Permit Portal, and it limits hours and occupations.
• Federal child labor Hazardous Occupations Order No. 16 (29 CFR 570.67) prohibits workers under 18 from roofing operations and all work on or about a roof. Limited exemptions exist for apprentices and student-learners in approved programs.
• Under MCL 418.161(1)(l), a minor under 18 injured while illegally employed receives double workers' compensation, unless the minor fraudulently used permits or age certificates.

A 16-year-old can therefore sweep nails on the ground at a roofing job, subject to state hour limits. The same worker cannot carry bundles on the roof.

Employee Benefits

Required coverages and optional benefits are different things:

Once an employer promises a benefit in a written policy, it must follow that policy. LEO's youth-worker guidance makes the same point about vacation and bonuses.

Putting It Together

A roofer with 12 employees hires a 17-year-old in June:

1. Get the youth work permit, and assign only ground work. HO 16 bars roof work.
2. Pay at least 85% of $13.73 ($11.67) and overtime for hours over 40.
3. Keep the injury and illness log. With 12 employees, the company is not exempt.
4. If a worker is hospitalized after a fall, report it to MIOSHA within 24 hours.