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MIOSHA appeal process: What to expect after receiving a citation

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in Employment Law,Human Resources

Two Michigan Department of Labor and Economic Growth (DLEG) agencies can issue safety citations under Michigan’s Occupational Safety and Health Act (MIOSHA): the General Industry Division and the Construction Safety Division. Employers wishing to appeal a MIOSHA citation must follow a two-step appeal procedure.

Step 1: Employer Petition

The first appeal (commonly referred to as an employer petition) is filed with whichever division issued the citation. The employer petition asks the division to reconsider the citation’s merits, abatement dates or penalties. Employers must file this first-step appeal within 15 working days after the citation was served.

The division issuing the citation has 15 working days after the employer’s first-step appeal to modify or affirm the original citation. Its reply is known as a decision “In Response To The Employer Petition.” In almost all instances, the division merely reissues th...(register to read more)

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