Bill Text: MI HB5797 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Labor: health and safety; penalties for Michigan occupational health and safety act violations; increase. Amends sec. 35 of 1974 PA 154 (MCL 408.1035).
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2020-05-20 - Bill Electronically Reproduced 05/20/2020 [HB5797 Detail]
Download: Michigan-2019-HB5797-Introduced.html
HOUSE BILL NO. 5797
May 20, 2020, Introduced by Reps. Manoogian,
Hood, Pohutsky, Kennedy, Stone, Kuppa, Shannon, Ellison, Chirkun, Sneller,
Cherry and Hammoud and referred to the Committee on Commerce and Tourism.
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 Except as
provided in subsection (12), 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 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 that is
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 less than $5,000.00 but not more
than $70,000.00 for each willful or
repeated 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 that causes
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 a second or subsequent conviction under this act, the person shall be fined employer 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 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.
(8) 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 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 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 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) Beginning March 1, 2020, and until December 31, 2020, an employer who receives a citation for a serious violation of this act, an order issued pursuant to this act, a rule or standard promulgated under this act, or an occupational safety and health order issued pursuant to a declared state of emergency shall be assessed a civil penalty of not more than $15,000.00 for each violation.
