February 20, 2018, Introduced by Reps. Sowerby, Chang, VanSingel, Maturen, Inman, Rabhi, Garrett, Cambensy, Peterson, Geiss, Crawford, Wentworth, VanderWall, Yaroch, Marino, Pagan, Bellino and Faris and referred to the Committee on Natural Resources.
A bill to amend 1974 PA 154, entitled
"Michigan occupational safety and health act,"
by amending sections 35 and 36 (MCL 408.1035 and 408.1036), as
amended by 1991 PA 105.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
35. (1) An If 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, the board
shall
be assessed assess the
employer a civil penalty of not more
than $7,000.00 for each violation.
(2)
An If an employer who fails to correct a violation for
which a citation was issued within the period permitted for its
correction, the board may be assessed assess
the employer 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 the
board is initiated by the
employer in good faith and not solely for delay or avoidance of a
penalty.
(3)
An If 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 and
the violation is
specifically determined not to be of a serious nature, the board
may
be assessed assess the
employer a civil penalty of not more
than $7,000.00 for each violation.
(4)
An If 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, the
board may be assessed
assess the employer a civil penalty of not more than $70,000.00 for
each violation, but not less than $5,000.00 for each willful
violation. As used in this subsection, "repeatedly violates" means
committing a violation within 5 years after the date of receiving a
citation for a violation.
(5)
An If an employer who willfully violates this act, an
order issued pursuant to this act, or a rule or standard
promulgated
under this act which and
the violation causes the death
of
an employee, the employer is guilty of a felony and shall be
fined
not more than $10,000.00, or imprisoned punishable by
imprisonment for not more than 1 year or a fine of not more than
$10,000.00, or both. If the conviction is the second under
this
act,
the person shall be fined not more than $20,000.00, or
imprisoned
A second or subsequent
violation under this subsection
is punishable by imprisonment for not more than 3 years or a fine
of $20,000.00, or both.
(6)
An If an employer who violates a posting requirement
prescribed
under this act, the board shall be assessed assess the
employer a civil penalty of not more than $7,000.00 for each
violation.
(7)
A If 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, the person is guilty of a
misdemeanor
and shall be fined not more than $10,000.00, or
imprisoned
punishable by imprisonment for not more than 6 months or
a fine of not more than $10,000.00, or both.
(8)
A If 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, the
person is guilty of a misdemeanor and shall be fined
not more than
$1,000.00,
or imprisoned punishable by
imprisonment for not more
than 6 months or a fine of not more than $1,000.00, or both.
(9)
The For a public employer,
the department of labor or the
department
of public health, if the employer is a public employer,
licensing and regulatory affairs, 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 the matter and or
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.
Sec. 36. (1) The board shall assess civil penalties,
considering the size of the business, the seriousness of the
violation, the good faith efforts of the employer, and the history
of previous citations, and may establish a schedule of civil
penalties. However, the board shall not reduce a civil penalty that
was assessed as the result of an asbestos-related violation by an
amount or percentage that is greater than what is prescribed by the
federal occupational safety and health administration. As used in
this subsection:
(a) "Asbestos" means a group of naturally occurring minerals
that separate into fibers, including chrysotile, amosite,
crocidolite, anthophyllite, tremolite, and actinolite.
(b) "Asbestos-related violation" means a violation of this
act, an order issued pursuant to this act, or a rule of standard
promulgated under this act that involves the demolition,
renovation, encapsulation, removal, or handling of friable asbestos
material or otherwise involves the exposure of an individual to
friable asbestos material.
(c) "Friable asbestos material" means any material that
contains more than 1% asbestos by weight and that can be crumbled,
pulverized, or reduced to powder when dry, by hand pressure.
(2)
Beginning April 1, 1992, the The
department of labor and
the
department of public health licensing
and regulatory affairs
shall administer and enforce the assessment of civil penalties in a
manner that is consistent with the administration and enforcement
of civil penalties by the federal occupational safety and health
administration.
(3)
A civil penalty owed under this act shall must be paid to
the
department of labor or the department of public health,
whichever
is appropriate, licensing and
regulatory affairs within
15 working days after the date the penalty becomes a final order of
the board, not subject to further agency or judicial review.
Beginning
April 1, 1992, a A civil penalty shall must be
credited
to the state general fund.
(4) If a civil penalty remains unpaid beyond the period of
time
specified in subsection (3), the department of labor or the
department
of public health, whichever is appropriate, licensing
and regulatory affairs shall issue a letter to the employer
demanding payment within 20 days after the date of the letter.
(5) If the penalty remains unpaid following the period
specified
in subsection (4), the appropriate department shall
transmit information on the amount of the penalty and the name and
address of the employer owing the penalty to the department of
treasury.
(6) The department of treasury shall institute proceedings to
collect the amount assessed as a civil penalty. The department of
treasury shall offset the amount of the penalty against money owed
by the state to the employer. The department of treasury shall
request that the attorney general recover the amount of the penalty
remaining unpaid, after offsets, by instituting a civil action in
the circuit court for the county in which the violation occurred or
in the circuit court for the county in which the employer owing the
penalty has its principal place of business.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.