Bill Text: MI HB5823 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Labor; health and safety; Michigan occupational health and safety act; clarify application to certain unpaid workers. Amends sec. 5 of 1974 PA 154 (MCL 408.1005).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-04-18 - Bill Electronically Reproduced 04/17/2018 [HB5823 Detail]
Download: Michigan-2017-HB5823-Introduced.html
HOUSE BILL No. 5823
April 17, 2018, Introduced by Reps. Wittenberg, Faris, Cambensy, Pagan, Liberati, Hammoud, Lasinski, Durhal, Santana, Camilleri, Elder, Geiss, Gay-Dagnogo, Chang, Rabhi, Zemke, Greimel, Clemente, Sneller, Yaroch and Jones and referred to the Committee on Commerce and Trade.
A bill to amend 1974 PA 154, entitled
"Michigan occupational safety and health act,"
by amending section 5 (MCL 408.1005), as amended by 2016 PA 17.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) "Employee" means a person permitted to work by an
employer, including an individual who is performing work primarily
for educational purposes, such as a student intern, whether or not
the individual receives payment or any other form of compensation
or benefit for the work.
(2) "Employer" means an individual or organization, including
this state or a political subdivision, that employs 1 or more
persons. Except as otherwise specifically provided in the franchise
agreement, as between a franchisee and franchisor, the franchisee
is considered the sole employer of workers for whom the franchisee
provides a benefit plan or pays wages.
(3) "Imminent danger" means a condition or practice in a place
of employment such that a danger exists that could reasonably be
expected to cause death or serious physical harm either immediately
or before the imminence of the danger can be eliminated through the
enforcement procedures otherwise provided. A container of an
unknown and unlabeled chemical or a container of hazardous
chemicals that is not labeled or for which a safety data sheet is
not available as required by the standard incorporated by reference
in
section 14a shall be is considered an imminent danger after
meeting
the provisions of tagging
under section 31.
(4) "Inspection" means the examination or survey of a place of
employment to detect the presence of an existing or potential
occupational safety or health hazard or to determine compliance
with this act or with rules or standards promulgated or orders
issued under this act.
(5) "Investigation" means the detailed evaluation or study of
working conditions, including equipment, processes, substances, air
contaminants, or physical agents with respect to the actual or
potential occurrence of occupational accidents, illnesses, or
diseases.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
