Bill Text: MI SB0162 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Labor: health and safety; penalties for Michigan occupational health and safety act violations; increase maximum amount. Amends sec. 35 of 1974 PA 154 (MCL 408.1035).
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2021-02-23 - Referred To Committee On Economic And Small Business Development [SB0162 Detail]
Download: Michigan-2021-SB0162-Introduced.html
SENATE BILL NO. 162
February 23, 2021, Introduced by Senators
CHANG, HOLLIER, ALEXANDER, BULLOCK, GEISS, MOSS, SANTANA, POLEHANKI,
BRINKS, MCCANN, ANANICH, BAYER, WOJNO and HERTEL and referred to the
Committee on Economic and Small Business Development.
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 Before
June 1, 2021, 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.
Beginning June 1, 2021, 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.
(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.