Bill Text: MI HB4391 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Labor: health and safety; firefighting foam concentrate containing PFAS; require promulgation of rules regarding firefighters' use of. Amends sec. 14 of 1974 PA 154 (MCL 408.1014) & adds sec. 14r.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2020-08-06 - Assigned Pa 143'20 With Immediate Effect [HB4391 Detail]
Download: Michigan-2019-HB4391-Introduced.html
HOUSE BILL No. 4391
March 19, 2019, Introduced by Reps. Yaroch, Vaupel, Rabhi and Allor and referred to the Committee on Natural Resources and Outdoor Recreation.
A bill to amend 1974 PA 154, entitled
"Michigan occupational safety and health act,"
by amending section 14 (MCL 408.1014), as amended by 2012 PA 415,
and by adding section 14r.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14. (1) Except as otherwise provided in subsection (3),
the occupational safety and health standards that have been adopted
or
promulgated by the United States department of labor Department
of Labor under the occupational safety and health act of 1970,
Public
Law 91-596, 84 Stat. Stat 1590, and that are in effect on
January 1, 1975 are incorporated by reference and have the same
force and effect as a rule promulgated pursuant to this act. A
standard that is incorporated by reference pursuant to this
subsection remains in effect until either of the following
conditions occurs:
(a) A standard is promulgated pursuant to this act that covers
the same or a similar subject.
(b) The standard is rescinded by rule promulgated pursuant to
this act.
(2) If a rule or standard that is continued pursuant to
section 24(1) conflicts with or covers the same or similar subject
as a standard incorporated by reference pursuant to subsection (1),
the federal standard incorporated by reference governs and the
state rule or standard continued pursuant to section 24(1) shall be
rescinded.
(3) If a rule or standard that is continued in effect under
this act pursuant to section 21(1) covers the same subject as a
federal standard, subsection (1) does not apply.
(4) The department of licensing and regulatory affairs shall
make copies of the standards incorporated by reference pursuant to
subsection (1) available to the public at cost.
(5) Beginning April 1, 1992, not later than 10 working days
after
the date that the United States department of labor
Department of Labor adopts or promulgates an occupational safety
and health standard under the occupational safety and health act of
1970,
Public Law 91-596, 84 Stat. Stat
1590, the director shall
initiate the processing of an administrative rule that is
substantially similar to the federal occupational safety and health
standard. The proposed administrative rule shall be presented to
the joint committee on administrative rules unless the director
determines that the federal standard is clearly inconsistent with
the criteria set forth in section 9, 16, 19, or 24.
(6) Beginning April 1, 1992, a proposed administrative rule
that would address a matter not addressed by 1 or more federal
standards shall not be processed and presented to the joint
committee on administrative rules unless the director determines
that there is a clear and convincing need for the standard to meet
the criteria set forth, as appropriate, in sections 9, 16, 19, and
24. The director shall include a statement of the specific facts
that establish the clear and convincing need when processing and
presenting the administrative rule. The statement shall either
explain the unique characteristics of industry in this state that
necessitate the standard or demonstrate that the standard was
requested by a broad consensus of union and nonunion employers and
employees in the specific industry affected by the standard.
(7) The administrative rules described in subsections (5) and
(6) shall be promulgated pursuant to the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(8) This section does not apply to section 14r.
Sec. 14r. (1) The director shall promulgate rules regarding a
firefighter's use of firefighting foam concentrate containing PFAS
chemicals. The rules must include all of the following:
(a) The best practices regarding proper use, handling, and
storage of firefighting foam concentrate containing PFAS chemicals.
(b) The best health practices including, but not limited to,
containment and disposal of the PFAS chemicals and decontamination
of the firefighter's equipment and body following the use of
firefighting foam concentrate or water containing PFAS chemicals.
(c) A prohibition on the use of firefighting foam concentrate
containing PFAS chemicals by a firefighter for training purposes.
(d) A prohibition on the use of firefighting foam concentrate
containing PFAS chemicals by a firefighter for equipment
calibration purposes after January 1, 2020, unless 1 or more of the
following apply:
(i) The calibration is otherwise required by law.
(ii) The authority with jurisdiction and the facility where
the calibration will take place have implemented measures that
comply with the rules promulgated under this section.
(2) As used in this section:
(a) "Authority with jurisdiction" means the person or public
agency or department responsible for regulating firefighting
operations for the area in which a facility is located.
(b) "Firefighter" means either of the following:
(i) That term as defined in section 2 of the firefighters
training council act, 1966 PA 291, MCL 29.362.
(ii) An individual employed by a person and who in that
employment is knowledgeable, trained, and skilled in at least basic
firefighting operations.
(c) "PFAS chemicals" means a class of fluorinated organic
chemicals containing at least 1 fully fluorinated carbon atom and
designed to be fully functional in firefighting foam concentrate.
