HOUSE BILL NO. 4031

January 27, 2021, Introduced by Reps. Kahle, Bellino, Yaroch, Rendon, Cambensy, Witwer, Garza, Eisen and Filler and referred to the Committee on Agriculture.

"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 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 the 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 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 more than $70,000.00 for each 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 causes causing 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 second under this act, the person shall be fined 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, except as otherwise provided in this subsection, 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. If a death or injury occurs on a family farm, or if a death or injury occurs to a family member of an individual who is required to report the death or injury, and the employer fails to report the death or injury within 7 days after the death or injury, the employer shall be assessed a civil penalty of not more than $500.00. The department shall not promulgate or enforce a rule that requires an employer to report a death or injury in less than 7 days if the death or injury occurs on a family farm or to a family member of the individual required to report the death or injury.

(8) A person An individual 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 An individual shall not assault a department representative or other person individual charged with enforcement of this act in the performance of that person's individual's legal duty to enforce this act. A person An individual 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) As used in this section:

(a) "Family farm" means a farm in which the majority of the business is owned by the operator and his or her family members, or a farm that is organized as a sole proprietorship, partnership, or family corporation. Family farm does not include a farm that is organized as a nonfamily corporation or cooperation, or a farm with a hired manager that is not a family member of the operator.

(b) "Family member" means a member of the family as that term is defined in section 4946 of the internal revenue code of 1986, 26 USC 4946.