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OSHA 1952.13

Michigan state plan approval

Subpart A

14 Questions & Answers
2 Interpretations

Questions & Answers

Under 1952.13(a), when did the Michigan State plan receive initial OSHA approval?

The Michigan State plan received initial approval on October 3, 1973. See 1952.13(a).

Under 1952.13(b), does OSHA have an operational status agreement with Michigan?

Yes—OSHA entered into an operational status agreement with Michigan. See 1952.13(b).

Under 1952.13(c), what staffing benchmarks were approved for Michigan's compliance program and when were they approved?

The approved revised benchmarks were 56 safety compliance officers and 45 health compliance officers, and the Assistant Secretary approved these staffing levels on April 20, 1995. See 1952.13(c).

Under 1952.13(c), why were staffing "benchmarks" required for State plans like Michigan?

Staffing benchmarks were required to establish the levels of compliance staffing necessary for a "fully effective" enforcement program under the 1978 Court Order in AFL-CIO v. Marshall. See 1952.13(c).

Under 1952.13(d), what employers and employees does the Michigan State plan cover?

The Michigan plan covers all private‑sector employers and employees (with several notable exceptions) and State and local government employers and employees within Michigan. See 1952.13(d).

Under 1952.13(d), where can I find current information about exceptions to Michigan's State plan coverage?

For current information on exceptions and additional plan details, review the Michigan State plan information referenced in 1952.13(d).

Under 1952 generally, what is Part 1952 titled and what does it list?

Part 1952 is titled "Approved State Plans for Enforcement of State Standards" and lists approved State plans for private‑sector and State and local government employees. See 1952.

Under the July 30, 2007 Letter of Interpretation, does OSHA generally consider raw sewage and typical wastewater to be "other potentially infectious materials" (OPIM) under the Bloodborne Pathogens Standard?

No—OSHA does not generally consider diluted raw sewage and typical wastewater to be OPIM under the Bloodborne Pathogens Standard unless the material is visibly contaminated with blood or otherwise meets the definition of OPIM. See OSHA's Letter of Interpretation on Bloodborne pathogens in wastewater.

Under the July 30, 2007 Letter of Interpretation, should wastewater employers offer hepatitis B vaccine to all employees?

Not automatically—employers must evaluate job classifications and tasks to determine if occupational exposure to blood or OPIM is reasonably anticipated; only those employees with occupational exposure (for example, first aid providers who may contact blood or workers handling used hypodermic needles) must be offered the hepatitis B vaccine. See OSHA's Letter of Interpretation on Bloodborne pathogens in wastewater.

Under the August 12, 2004 Letter of Interpretation, does a small power‑ventilated structure used occasionally for painting meet OSHA's definition of a spray booth?

Yes—based on the described scenario, the structure meets OSHA's definition of a spray booth. See OSHA's Letter of Interpretation on Spray booth standards inquiry.

Under the August 12, 2004 Letter of Interpretation, are automatic sprinklers required for a spray booth and its ductwork?

Yes—if the structure meets the definition of a spray booth, it is required to be equipped with approved automatic sprinklers on the upstream and downstream sides of the filters. See OSHA's Letter of Interpretation on Spray booth standards inquiry.

Under the August 12, 2004 Letter of Interpretation, can a dry chemical or gaseous extinguishing system be used instead of water sprinklers for protection of a spray booth?

Yes—a dry chemical extinguishing system or a carbon dioxide (gaseous agent) system may be used in place of an automatic sprinkler system if it is installed to meet OSHA requirements. See OSHA's Letter of Interpretation on Spray booth standards inquiry.

Under the August 12, 2004 Letter of Interpretation, what standard applies to storage rooms that hold flammable paint for a spray booth?

The storage of flammable materials for a spray booth must comply with the flammable and combustible liquids standard, specifically the requirements for inside storage rooms in 29 CFR 1910.106, as explained in the spray booth Letter of Interpretation. See OSHA's Letter of Interpretation on Spray booth standards inquiry.

Under 1952.13(c), how were Michigan's revised staffing benchmarks developed and reviewed before approval?

Michigan completed a reassessment in conjunction with OSHA, proposed revised benchmarks, provided opportunity for public comment and service on the AFL‑CIO, and then had the Assistant Secretary approve the revised staffing requirements on April 20, 1995. See 1952.13(c).