Bill Text: MI SB1335 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Labor; health and safety; "clear and convincing need" for new standard; clarify, and remove references to abolished commissions. Amends sec. 14 of 1974 PA 154 (MCL 408.1014). TIE BAR WITH: HB 5917'12, HB 5922'12, SB 1336'12
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-12-27 - Assigned Pa 0415'12 With Immediate Effect [SB1335 Detail]
Download: Michigan-2011-SB1335-Engrossed.html
SB-1335, As Passed House, December 12, 2012
SUBSTITUTE FOR
SENATE BILL NO. 1335
A bill to amend 1974 PA 154, entitled
"Michigan occupational safety and health act,"
by amending section 14 (MCL 408.1014), as amended by 1991 PA 105.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14. (1) Except as otherwise provided in subsection (3),
the occupational safety and health standards that have been adopted
or promulgated by the United States department of labor under the
occupational safety and health act of 1970, Public Law 91-596, 84
Stat. 1590, and that are in effect on January 1, 1975 are
incorporated by reference and have the same force and effect as a
rule promulgated pursuant to this act. A standard that is
incorporated by reference pursuant to this subsection remains in
effect until either of the following conditions occurs:
(a) A standard is promulgated pursuant to this act that covers
the same or a similar subject.
(b) The standard is rescinded by rule promulgated pursuant to
this act.
(2)
When If a rule or standard that is continued pursuant to
section
24(3) 24(1) conflicts with or covers the same or similar
subject as a standard incorporated by reference pursuant to
subsection (1), the federal standard incorporated by reference
governs and the state rule or standard continued pursuant to
section
24(3) 24(1) shall be rescinded.
(3)
When If a rule or standard that is continued in effect
under this act pursuant to section 21(1) covers the same subject as
a federal standard, subsection (1) does not apply.
(4)
The department of labor and the department of public
health
shall determine which of them is responsible for
administering
and enforcing each of the standards incorporated by
reference
pursuant to subsection (1).
(4) (5)
The department of licensing and regulatory affairs
labor
or the department of public health, whichever is responsible
for
administering and enforcing a standard incorporated by
reference
pursuant to subsection (1), shall
make copies of the
standard
standards incorporated by
reference pursuant to subsection
(1) available to the public at cost.
(5) (6)
Beginning April 1, 1992, not later
than 10 working
days after the date that the United States department of labor
adopts or promulgates an occupational safety and health standard
under the occupational safety and health act of 1970, Public Law
91-596,
84 Stat. 1590, the director of labor or the director of
public
health, or both, shall initiate the
processing of an
administrative rule that is substantially similar to the federal
occupational safety and health standard. The proposed
administrative rule shall be presented to the joint committee on
administrative
rules unless 1 of the following occurs:
(a)
The general industry safety standards commission
determines
and certifies that the federal standard is clearly
inconsistent
with the criteria set forth in sections 9 and 16.
(b)
The construction safety standards commission determines
and
certifies that the federal standard is clearly inconsistent
with
the criteria set forth in sections 9 and 19.
(c)
The occupational health standards commission determines
and
certifies the director
determines that the federal standard is
clearly
inconsistent with the criteria set forth in sections 9 and
section 9, 16, 19, or 24.
(6) (7)
Beginning April 1, 1992, a proposed
administrative
rule that would address a matter not addressed by 1 or more federal
standards shall not be processed and presented to the joint
committee
on administrative rules unless the appropriate standards
commission
determines and certifies director
determines that there
is a clear and convincing need for the standard to meet the
criteria set forth, as appropriate, in sections 9, 16, 19, and 24.
The director shall include a statement of the specific facts that
establish the clear and convincing need when processing and
presenting the administrative rule. The statement shall either
explain the unique characteristics of industry in this state that
necessitate the standard or demonstrate that the standard was
requested by a broad consensus of union and nonunion employers and
employees in the specific industry affected by the standard.
(7) (8)
The administrative rules described
in subsections (5)
and
(6) and (7) shall be promulgated
pursuant to the administrative
procedures
act of 1969, Act No. 306 of the Public Acts of 1969,
being
sections 24.201 to 24.328 of the Michigan Compiled Laws.1969
PA 306, MCL 24.201 to 24.328.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) House Bill No. 5922.
(b) House Bill No. 5917.
(c) Senate Bill No. 1336.
