Bill Text: MI HB5266 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Labor; health and safety; general contractor of construction site responsible for providing appropriate number of toilets for employees; establish. Amends 1974 PA 154 (MCL 408.1001 - 408.1094) by adding sec. 14o.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-08-26 - Printed Bill Filed 08/20/2009 [HB5266 Detail]

Download: Michigan-2009-HB5266-Introduced.html

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HOUSE BILL No. 5266

 

August 19, 2009, Introduced by Rep. Meadows and referred to the Committee on Labor.

 

     A bill to amend 1974 PA 154, entitled

 

"Michigan occupational safety and health act,"

 

(MCL 408.1001 to 408.1094) by adding section 14o.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 14o. (1) Except as provided in subsection (6), during the

 

construction, renovation, or demolition of any improvement to real

 

property in this state that will take more than 2 days, a general

 

contractor shall provide no less than 1 toilet facility at the

 

construction site for each 10 employees or fraction thereof working

 

at the construction site.

 

     (2) If a permit is required for construction, renovation, or

 

demolition of any improvement to real property in this state, the

 

appropriate enforcing agency shall not issue the permit unless,

 

before starting construction, renovation, or demolition, the

 

general contractor or another person requesting the permit

 

demonstrates compliance with this section by providing the

 

enforcing agency with either of the following:

 

     (a) A written agreement signed by both the party requesting

 

the permit and a toilet facility provider that establishes the

 

rental of no fewer toilet facilities than are necessary to comply

 

with subsection (1).

 

     (b) A written agreement or affidavit demonstrating either a

 

valid exemption under subsection (6)(a) or (b) or that the

 

construction, renovation, or demolition will not take more than 2

 

days.

 

     (3) Each toilet facility provided under subsection (1) shall

 

be operational; maintained in a clean and sanitary condition; and

 

provided with water, hand soap or some similar cleansing or

 

disinfecting agent, and toilet paper adequate to employee needs.

 

     (4) A general contractor who violates this section shall be

 

issued a citation and is responsible for a civil penalty assessed

 

pursuant to sections 33 to 45. A third party contract or agreement

 

that purports to assign the general contractor's compliance

 

obligations under this section is void.

 

     (5) As used in this section:

 

     (a) "Construction site" means a location at which any

 

improvement to real property is in progress or where actual

 

construction, renovation, or demolition of an improvement to real

 

property is in progress.

 

     (b) "Employee" includes, but is not limited to, a

 

subcontractor, supplier, laborer, or any other individual who,

 

under a contract or an agreement with a general contractor or

 

subcontractor, provides any improvement to real property or

 

facilitates the renovation or demolition of an improvement to real

 

property at the construction site through the individual's personal

 

labor.

 

     (c) "General contractor" means a person who contracts with an

 

owner, lessee, or other party to provide, directly or indirectly

 

through contracts or agreements with subcontractors, suppliers, or

 

laborers, substantially all of the materials or services for the

 

construction, renovation, or demolition of improvements to real

 

property at a construction site.

 

     (d) "Toilet facility" means a fixed or portable facility

 

designed to collect and contain the products of both defecation and

 

urination and that meets applicable health standards. Toilet

 

facility includes biological, chemical, flush, and combustion

 

toilets and sanitary privies.

 

     (6) All of the following exemptions apply:

 

     (a) A private residential property owner or private

 

residential property tenant performing a construction, renovation,

 

or demolition project on his or her privately owned or privately

 

leased residential property is not subject to the requirements of

 

subsection (1) or (2) for a project that meets both of the

 

following conditions:

 

     (i) Before starting construction, renovation, or demolition,

 

the property owner or tenant has agreed to make toilet facilities

 

available for use by employees working on that residential

 

property.

 

     (ii) Toilet facilities meeting the requirements of subsection

 

(3) are available for employee use on the residential property for

 

the duration of the project.

 

     (b) A general contractor performing a construction,

 

renovation, or demolition project on either residential or

 

commercial property is not subject to the requirements of

 

subsection (1) or (2) for a project that meets both of the

 

following conditions:

 

     (i) Before the contractor starts construction, renovation, or

 

demolition, the residential or commercial property owner has signed

 

a written statement or affidavit agreeing to make toilet facilities

 

available for use by the employees working on that property.

 

     (ii) Toilet facilities meeting the requirements of subsection

 

(3) are available for employee use on the property for the duration

 

of the project.

 

     (c) A general contractor for a county road commission or the

 

Michigan department of transportation is exempt from the

 

requirements of this section for a construction crew working on a

 

public road.