Bill Text: MI HB4031 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Labor: health and safety; penalty for failure to report a death; decrease by the maximum allowable amount if the death occurs on a family farm to certain individuals. Amends sec. 35 of 1974 PA 154 (MCL 408.1035).
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Vetoed) 2022-02-08 - Re-referred To Committee On Agriculture [HB4031 Detail]
Download: Michigan-2021-HB4031-Introduced.html
HOUSE BILL NO. 4031
January 27, 2021, Introduced by Reps. Kahle,
Bellino, Yaroch, Rendon, Cambensy, Witwer, Garza, Eisen and Filler and
referred to the Committee on Agriculture.
A bill to amend 1974 PA 154, entitled
"Michigan occupational safety and health act,"
by amending section 35 (MCL 408.1035), as amended by 1991 PA 105.
the people of the state of michigan enact:
Sec. 35. (1) An
employer who receives a citation for a serious violation of this act, an order
issued pursuant to this act, or a rule or standard promulgated under this act
shall be assessed a civil penalty of not more than $7,000.00 for each
violation.
(2) An employer who fails to correct a violation for which a
citation was issued within the period permitted for its correction may be
assessed a civil penalty of not more than $7,000.00 for each day during which
the failure or violation continues. A period permitted for corrections does not
begin to run until the date of the final order of the board if a review
proceeding before a the board is initiated by the employer in good faith
and not solely for delay or avoidance of a penalty.
(3) An employer who receives a citation for a violation of
this act, an order issued pursuant to this act, or a rule or standard
promulgated under this act , which violation is specifically determined
not to be of a serious nature, may be assessed a civil penalty of
not more than $7,000.00 for each violation
specifically determined not to be of a serious nature.
(4) An employer who willfully or repeatedly violates this
act, an order issued pursuant to this act, or a rule or standard promulgated
under this act may be assessed a civil penalty of not more than $70,000.00 for
each violation, but not less than $5,000.00 for each willful violation.
(5) An employer who willfully violates this act, an order
issued pursuant to this act, or a rule or standard promulgated under this act which causes causing the death of an employee is guilty of a
felony and shall be fined punishable by imprisonment for not more than 1 year or a fine of not
more than $10,000.00, or imprisoned for not more
than 1 year, or both. If the conviction is the second under this
act, the person shall be fined is guilty of a felony punishable by imprisonment for not more than
3 years or a fine of not more than $20,000.00, or imprisoned for not more than 3 years, or
both.
(6) An employer who violates a posting requirement prescribed
under this act shall be assessed a civil penalty of not more than $7,000.00 for
each violation.
(7) A person who knowingly makes a false statement,
representation, or certification in an application, record, report, plan, or
other document filed or required to be maintained pursuant to this act, or, except as otherwise provided
in this subsection, who fails to maintain or transmit a record or
report as required under section 61, is guilty of a misdemeanor and shall be fined punishable by imprisonment for not more than 6 months or a fine of not
more than $10,000.00, or imprisoned for not more
than 6 months, or both.
If a death or injury occurs on a family farm, or if a death or injury occurs to
a family member of an individual who is required to report the death or injury,
and the employer fails to report the death or injury within 7 days after the
death or injury, the employer shall be assessed a civil penalty of not more
than $500.00. The department shall not promulgate or enforce a rule that
requires an employer to report a death or injury in less than 7 days if the
death or injury occurs on a family farm or to a family member of the individual
required to report the death or injury.
(8) A person An individual who gives advance notice of an
investigation or an inspection to be conducted under this act without authority
from the appropriate director or the
designee of the director is guilty of a misdemeanor and shall be fined punishable by imprisonment for not more than 6 months or a fine of not
more than $1,000.00, or imprisoned for not more
than 6 months, or both.
(9) The department of labor and
economic opportunity or the department of public health , and human services, if the employer is a public
employer, instead of applying a civil penalty otherwise applicable to an employer
under this section, may request that the attorney general seek a writ of
mandamus in the appropriate circuit court to compel compliance with a citation,
including the terms of abatement.
(10) A person An individual shall not assault a department representative
or other person individual
charged with enforcement of this act in the performance of that person's individual's
legal duty to enforce this act. A
person An individual who
violates this subsection is guilty of a misdemeanor. A prosecuting attorney
having jurisdiction of this matter and the attorney general knowing of a
violation of this section may prosecute the violator.
(11) The increases in the civil penalties of subsections (1),
(2), (3), (4), and (6) made pursuant to the 1991 amendatory act that added this
subsection shall take effect April 1, 1992.
(12) As used in
this section:
(a) "Family
farm" means a farm in which the majority of the business is owned by the
operator and his or her family members, or a farm that is organized as a sole
proprietorship, partnership, or family corporation. Family farm does not
include a farm that is organized as a nonfamily corporation or cooperation, or
a farm with a hired manager that is not a family member of the operator.
(b) "Family member" means a member of the family as that term is defined in section 4946 of the internal revenue code of 1986, 26 USC 4946.
