Mich. Admin. Code R. 408.21415

Current through Vol. 24-17, October 1, 2024
Section R. 408.21415 - Responsibility of employers to notify employees of proceedings

Rule 415.

(1) The employer shall, upon filing an appeal at the place where citations are required to be posted, post a copy of the notice of appeal and serve, by prepaid postage, first class mail, or by personal delivery, a copy of the notice of appeal on an authorized employee representative. The notice shall inform the affected employees of their right to party status and of the availability of all pleadings for their inspection and copying at reasonable times. The notice shall remain posted until the notice of hearing is received and posted. The employee rights statement made in the following form shall be deemed to comply with this rule:

"(name of employer) Your employer has been cited by the (Michigan Department of Consumer and Industry Services or Michigan Department of Public Health) for violation of an occupational safety or health standard.

The citation (or penalty) has been contested and will be the subject of a hearing before the Board of Health and Safety Compliance and Appeals.

Affected employees are entitled to participate as parties under the terms and conditions established by the Board of Health and Safety Compliance and Appeals in its rules of procedure. Notice of intent to participate should be sent to the Board of Health and Safety Compliance and Appeals, Secondary Complex, 7150 Harris Drive, Box 30015, Lansing, Michigan 48909.

All documents filed relative to this matter and a copy of the board rules, may be inspected at (place reasonably convenient to employees, preferably at or near work place)."

(2) Where appropriate, the second sentence of the above notice shall be deleted and the following sentence shall be substituted: "The reasonableness of the period prescribed by the (department of consumer and industry services or department of public health) for the abatement of the violation has been contested and will be the subject of a hearing before the Board of Health and Safety Compliance and Appeals."

Mich. Admin. Code R. 408.21415

1979 AC