Bill Text: MI HB5922 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Labor; health and safety; general industry safety standards commission; eliminate. Amends secs. 4, 6, 11, 16, 21 & 69 of 1974 PA 154 (MCL 408.1004 et seq.) & repeals sec. 15 of 1974 PA 154 (MCL 408.1015). TIE BAR WITH: HB 5917'12, SB 1335'12, SB 1336'12
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-12-27 - Assigned Pa 416'12 With Immediate Effect [HB5922 Detail]
Download: Michigan-2011-HB5922-Engrossed.html
HB-5922, As Passed House, December 4, 2012
HOUSE BILL No. 5922
September 19, 2012, Introduced by Rep. Bumstead and referred to the Committee on Regulatory Reform.
A bill to amend 1974 PA 154, entitled
"Michigan occupational safety and health act,"
by amending sections 4, 6, 11, 16, 21, and 69 (MCL 408.1004,
408.1006, 408.1011, 408.1016, 408.1021, and 408.1069), section 11
as amended by 1986 PA 80 and sections 16 and 21 as amended by 1991
PA 105; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) "Agricultural operations" means the work activity
designated in major groups 01 and 02 of the standard industrial
classification manual, United States bureau of the budget, 1972
edition. Agricultural operations include any practices performed by
a farmer or on a farm as an incident to or in conjunction with
farming operations including preparation for market delivery to
storage or market or to carriers for transportation to market.
(2) "Authorized employee representative" or "representative of
employee" means a person designated by a labor organization
certified by the national labor relations board or employment
relations
commission as defined in section 2(c) of Act No. 176 of
the
Public Acts of 1939, as amended, being section 423.2 of the
Michigan
Compiled Laws, 1939 PA 176,
MCL 423.2, as the bargaining
representative for the affected employees. In the absence of
certification, it shall be a person designated by the organization
having a collective bargaining relationship with the employer and
designated as having a collective bargaining relationship with the
employer by the affected employees. If a labor organization has not
been certified, or if no organization has a collective bargaining
relationship with the employer, "authorized employee
representative" or "representative of employee" means a person
designated by the affected employees to represent them for the
purpose of proceedings under this act.
(3) "Board" means the board of health and safety compliance
and appeals created in section 46.
(4) "Construction operations" means the work activity
designated in major groups 15, 16, and 17 of the standard
industrial classification manual, United States bureau of the
budget, 1972 edition.
(5) "Director" means the director of the department of
licensing and regulatory affairs.
(6) (5)
"Department attorney"
means the attorney general or
the authorized representative of the attorney general.
(7) (6)
"Domestic employment"
means that employment involving
an employee specifically employed by a householder to engage in
work or an activity relating to the operation of a household and
its surroundings, whether or not the employee resides in the
household.
(8) (7)
"Mines", except as
provided in subdivision (d), means
all of the following:
(a) An area of land from which minerals are extracted in
nonliquid form, or if in liquid form, are extracted with workers
underground.
(b) Private ways and roads appurtenant to an area of land
described in subdivision (a).
(c) Lands, excavations, underground passageways, shafts,
slopes, tunnels and workings, structures, facilities, equipment,
machines, tools, or other property, including impoundments,
retention dams, and tailings ponds, on the surface or underground,
used in, or to be used in, or resulting from, the work of
extracting minerals from their natural deposits in nonliquid form,
or if in liquid form, with workers underground, or used in, or to
be used in, the milling of minerals, or the work of preparing coal
or other minerals, and includes custom coal preparation facilities.
(d) This subsection does not include industrial borrow pits,
or sand, gravel, or crushed and dimension stone quarrying
operations, or surface construction operations.
Sec. 6. (1) "Place of employment" means a factory, plant,
establishment, construction site or other similar area, workplace,
or environment where an employee is permitted to work.
(2) "Political subdivision" means a city, village, township,
county, school district, intermediate school district, or state or
local government authorized or supported agency, authority, or
institution.
(3)
"Rule" means a rule as defined by in section
7 of Act No.
306
of the Public Acts of 1969, being section 24.207 of the
Michigan
Compiled Laws the
administrative procedures act of 1969,
1969 PA 306, MCL 24.207. A rule may only be promulgated by the
director
of labor or director of health except as otherwise
specifically prescribed in this act.
(4) "Serious violation" means a violation of this act, an
order issued pursuant to this act, or a rule or standard
promulgated under this act or adopted by reference pursuant to this
act for which a substantial probability exists that death or
serious physical harm could result from the violation or from a
practice,
means, method, operation, or process which that is
in
use, unless the employer did not and could not, with the exercise
of reasonable diligence, know of the presence of the violation.
(5)
"Standard" means a health or safety standard which that
specifies conditions, or the adoption or use of 1 or more
practices, means, methods, operations, or processes necessary to
provide safe and healthful employment in places of employment.
Except
as otherwise specifically prescribed in this act, only the:
(a)
General industry safety standards commission may
promulgate
a standard relative to occupational safety.
(b)
Construction safety standards commission may promulgate a
standard
relative to construction safety.
(c)
Occupational health standards commission may promulgate a
standard
relative to occupational health.
(6)
"Standards promulgation commission" means the general
industry
safety standards commission, the construction safety
standards
commission, or the occupational health standards
commission.
(6) (7)
"Trade secret" means a
confidential process, formula,
pattern,
device, or compilation of information which that is
used
in
the employer's business and which that gives him the business an
opportunity to obtain an advantage over competitors who do not know
or use it.
(7) (8)
"Wilful", for the purpose
of criminal prosecutions,
means the intent to do an act knowingly and purposely by an
individual who, having a free will and choice, either intentionally
disregards a requirement of this act, or a rule or standard
promulgated pursuant to this act, or is knowingly and purposely
indifferent to a requirement of this act, or a rule or standard
promulgated pursuant to this act. An omission or failure to act is
wilful if it is done knowingly and purposely. Wilful does not
require a showing of moral turpitude, evil purpose, or criminal
intent provided the individual is shown to have acted or to have
failed to act knowingly and purposely.
(8) (9)
"Working day" means any
day other than a Saturday,
Sunday, or state legal holiday.
Sec. 11. An employer shall:
(a) Furnish to each employee, employment and a place of
employment
which that is free from recognized hazards that are
causing, or are likely to cause, death or serious physical harm to
the employee.
(b) Comply with this act and with the rules and standards
promulgated and the orders issued pursuant to this act.
(c) Post notices and use other appropriate means to keep his
or her employees informed of their protections and obligations
under this act, including applicable rules and standards.
(d) Provide personal protective equipment at the employer's
expense when it is specifically required to be provided at the
employer's
expense in a rule or a standard promulgated by a
standards
promulgating commission. under
this act. When
promulgating a rule or a standard concerning personal protective
equipment,
the standards promulgating commission director shall use
at least the following criteria in determining who should pay for
the equipment:
(i) Whether the equipment is transferable between employees.
(ii) Whether the equipment is maintained by the employer.
(iii) Whether the equipment generally remains at the work site
after the work activity has been completed.
(iv) The amount of personal use involved with the equipment.
(v) Any other criteria deemed applicable by the
standards
promulgating
commission.
Sec.
16. (1) The general industry safety standards commission
The director may promulgate standards in accordance with this act
to prevent accidents in places of employment and to protect the
life
and safety of employees. Where If
another state agency has
rules
promulgated before the effective date of this act which that
regulate a place of employment relative to the safety of the
public, the rules of the other state agency apply only to the
safety of the public. If practicable, the standards promulgated
shall be expressed in terms of objective criteria and of the
performance desired.
(2)
Until April 1, 1992, adoption of a standard shall be by a
majority
of the members present if a quorum is present. Beginning
April
1, 1992, any action taken by the general industry safety
standards
commission requires an affirmative vote of not less than
4
members of the commission, including at least 1 representative of
labor
and 1 representative of management.
Sec. 21. (1) Standards promulgated by the former general
industry
safety standards commission under the authority of former
Act
No. 282 of the Public Acts of 1967, and
standards promulgated
by
the former construction safety standards commission under the
authority
of former Act No. 89 of the Public Acts of 1963, which
are
in effect on January 1, 1975 this
act that are in effect on the
effective date of the amendatory act that repealed section 15 of
this act are continued under section 31 of the administrative
procedures
act of 1969, Act No. 306 of the Public Acts of 1969, as
amended,
being section 24.231 of the Michigan Compiled Laws.1969 PA
306, MCL 24.231.
(2)
Before a proposed standard, except an emergency standard,
is
promulgated, the appropriate commission director shall appoint
and
consult with an advisory committee which shall be
representative
of the major interests affected by the proposed
standard.
The members of an advisory committee shall be selected on
the
basis of their experience and competence in the subject of the
proposed
standard. At least 1 member of each advisory committee
shall
be a person who devotes a major portion of time to safety
functions.
(3)
The per diem compensation and the schedule for
reimbursement
of expenses of members of the general industry safety
standards
advisory committees and the construction safety standards
advisory
committees shall be established annually by the
legislature.
(2) (4)
The director of labor shall
promulgate an emergency
safety
standard in compliance with section 48
of Act No. 306 of the
Public
Acts of 1969, as amended, being section 24.248 of the
Michigan
Compiled Laws the
administrative procedures act of 1969,
1969
PA 306, MCL 24.248, when if the
emergency safety standard is
necessary
to protect employees. If the director of labor is
promulgating
promulgates an emergency standard on a matter
addressed
by a federal standard, the director of labor shall
promulgate a standard that is substantially similar to the federal
standard unless he or she determines and certifies that the federal
standard is clearly inconsistent with the criteria set forth in
section 9, 16, or 19, or a combination thereof.
(3) (5)
Except for a standard adopted by
reference pursuant to
section
14, a standard approved by the appropriate commission
director pursuant to section 16 or 19 shall be promulgated pursuant
to
Act No. 306 of the Public Acts of 1969, as amended, being
sections
24.201 to 24.328 of the Michigan Compiled Laws. the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Sec.
69. (1) The department of labor and the department of
health
director may promulgate, amend, and rescind rules pursuant
to
the provisions of Act No. 306 of the Public Acts of 1969, as
amended
administrative procedures act
of 1969, 1969 PA 306, MCL
24.201 to 24.328, with respect to matters necessary for the
administration of this act.
(2)
The commissions established pursuant to this act may
promulgate,
amend, and rescind rules of procedure pursuant to Act
No.
306 of the Public Acts of 1969, as amended, for the conduct of
their
proceedings.
(2) (3)
Declaratory rulings which that concern
the application
of
occupational safety and health standards , promulgated pursuant
to
this act , to
specific facts shall be made solely by the
director
of labor or his or her authorized representative with
respect
to occupational safety standards or the director of public
health
or his authorized representative with respect to
occupational
health standards, pursuant to section 63 of Act No.
306
of the Public Acts of 1969.the
administrative procedures act of
1969, 1969 PA 306, MCL 24.263.
(3) (4)
Any occupational safety or health
standard adopted by
reference pursuant to section 14, promulgated pursuant to this act,
or
continued in effect pursuant to sections 21(1) and 24(2) shall
be
deemed 24(1) is considered to supersede any occupational safety
or health standard or rule promulgated pursuant to any other law of
this
state. However, where if another state agency has authority to
promulgate standards or rules applicable to the public safety or
health, the rules and standards promulgated pursuant to this act
House Bill No. 5922 as amended November 29, 2012
shall
not be deemed to do not supersede such those other agency
rules
or standards but shall be deemed to have concurrent
applicability
with such those rules and standards.
Enacting section 1. Section 15 of the Michigan occupational
safety and health act, 1974 PA 154, MCL 408.1015, is repealed.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
[(a) Senate Bill No. 1335.
(b) Senate Bill No. 1336.
(c) House Bill No. 5917.
]
