UPS v. Michigan Bureau of Safety & Regulation - Challenging MIOSHA Ruling on Duplicative Hazard Assessments

Michigan Court of Appeals

The Legal Foundation supported an application to the Michigan Court of Appeals for review of a Michigan Circuit County Court decision. The Circuit Court sustained a Michigan OSHA Administrative Law Judge decision that requires hazard assessments to be conducted under in all Michigan workplaces. The ruling would require hazard assessments in workplaces where no hazards requiring personal protective equipment could possibly be present, such as offices. It would also require duplicative assessments at facilities which are covered by representative hazard assessments performed at other identical facilities and where employees are fully protected against all hazards with personal protective equipment. The Michigan decision is contrary to decisions by 61 other federal and state OSHA jurisdictions not to pursue identical citations under identical standards.

Status: DECIDED. Amicus brief filed in support of UPS' application May 24, 2006. Review granted in October 2006. Amicus brief filed for case Jan. 25, 2007. On Nov. 16, 2007, the appellate court reversed the lower court. On June 13, 2008, the Michigan Supreme Court refused to hear MIOSHA's appeal.