Bill Text: MI HB4757 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Labor: health and safety; Michigan occupational safety and health violations; increase civil penalties. Amends sec. 35 of 1974 PA 154 (MCL 408.1035).
Spectrum: Partisan Bill (Democrat 25-0)
Status: (Introduced - Dead) 2021-05-04 - Bill Electronically Reproduced 04/29/2021 [HB4757 Detail]
Download: Michigan-2021-HB4757-Introduced.html
HOUSE BILL NO. 4757
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 Subject to subsection (11), if 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, the board shall be assessed assess the employer a civil penalty of not more than $7,000.00 $13,653.00 for each violation.
(2) An Subject to subsection (11), if an employer who fails to correct a violation for which a citation was issued within the period permitted for its correction, the board may be assessed assess the employer a civil penalty of not more than $7,000.00 $13,653.00 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 Subject to subsection (11), if 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, the board may be assessed assess the employer a civil penalty of not more than $7,000.00 $13,653.00 for each violation that is specifically determined not to be of a serious nature.
(4) An Subject to subsection (11), if 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, the board may be assessed assess the employer a civil penalty of not more than $70,000.00 $136,532.00 for each violation, but not less than $5,000.00 $9,753.00 for each willful violation.
(5) An If an employer who willfully violates this act, an order issued pursuant to this act, or a rule or standard promulgated under this act which and the violation causes the death of an employee, the employer is guilty of a felony and shall be fined not more than $10,000.00, or imprisoned punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00, or both. If the conviction is the second under this act, the person shall be fined not more than $20,000.00, or imprisoned A second or subsequent violation under this subsection is punishable by imprisonment for not more than 3 years or a fine of not more than $20,000.00, or both.
(6) An Subject to subsection (11), if an employer who violates a posting requirement prescribed under this act, the board shall be assessed assess the employer a civil penalty of not more than $7,000.00 $13,653.00 for each violation.
(7) A If 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 who fails to maintain or transmit a record or report as required under section 61, the person is guilty of a misdemeanor and shall be fined not more than $10,000.00, or imprisoned punishable by imprisonment for not more than 6 months or a fine of not more than $10,000.00, or both.
(8) A If a person 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, the person is guilty of a misdemeanor and shall be fined not more than $1,000.00, or imprisoned punishable by imprisonment for not more than 6 months or a fine of $1,000.00, or both.
(9) The department of labor or the department of public health, if the employer is a public employer, labor and economic opportunity, 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 shall not assault a department representative or other person charged with enforcement of this act in the performance of that person's legal duty to enforce this act. A person who violates this subsection is guilty of a misdemeanor. A prosecuting attorney having jurisdiction of this the matter and or 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.Every January beginning January 2022, the state treasurer shall adjust the civil penalties then in effect under subsections (1), (2), (3), (4), and (6) by an amount determined by the state treasurer at the end of the preceding calendar year to reflect the average annual percentage change in the Consumer Price Index for the most recent 5-year period for which data are available. As used in this subsection, "Consumer Price Index" means the most comprehensive index of consumer prices available for the Midwest region from the United States Department of Labor, Bureau of Labor Statistics. The Michigan occupational safety and health administration shall post the adjusted civil penalties on its website by March 1 of the year they are calculated, and the adjusted penalties are effective beginning May 1 of that year. The annual increases under this subsection must not exceed 3.5%, and the civil penalties in subsections (1), (2), (3), (4), and (6) must not be increased to an amount greater than the corresponding federal penalty for the specified violation under section 17 of the occupational safety and health act, 29 USC 666.
Enacting section 1. This amendatory act takes effect October 1, 2021.
