Bill Text: MI HB4750 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Labor: health and safety; employee communication regarding an occupational safety and health practice or hazard; prohibit an employer from taking an adverse employment action based on. Amends 1974 PA 154 (MCL 408.1001 - 408.1094) by adding sec. 66a.
Spectrum: Partisan Bill (Democrat 26-0)
Status: (Introduced - Dead) 2021-05-04 - Bill Electronically Reproduced 04/29/2021 [HB4750 Detail]
Download: Michigan-2021-HB4750-Introduced.html
HOUSE BILL NO. 4750
A bill to amend 1974 PA 154, entitled
"Michigan occupational safety and health act,"
(MCL 408.1001 to 408.1094) by adding section 66a.
the people of the state of michigan enact:
Sec. 66a. (1) An employer shall not discharge an employee or in any manner discriminate against an employee who refuses to work or report to work if all of the following conditions are met:
(a) The employee reasonably believes that working or reporting to work would expose him or her, another employee, or the public to a contagious or infectious disease or to an unsafe or hazardous condition.
(b) The employee or the employee's bargaining representative, before the employee's refusal, requested the employer to correct the condition that would result in the exposure described in subdivision (a).
(c) The condition described in subdivision (b) was not corrected at the time of the employee's refusal.
(d) The employee contacted, via telephone or email, the Michigan occupational safety and health administration to report the condition described in subdivision (b).
(2) If an employee refuses to work or report to work under subsection (1) and is not reassigned to other work by his or her employer, the employer must pay to the employee the wages that the employee would have otherwise earned for the period of time that the condition described in subsection (1)(b) remains uncorrected.
(3) If an employer discharges an employee or in any manner discriminates against an employee within 90 days after the employee engages or attempts to engage in an activity that is protected under this section, there is a presumption that the employer violated this section. This presumption may be rebutted by clear and convincing evidence that the employer's action was otherwise authorized by law.
