Bill Text: MI SB0479 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Labor; health and safety; Michigan occupational safety and health violations; increase civil penalties. Amends sec. 35 of 1974 PA 154 (MCL 408.1035).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-06-21 - Referred To Committee On Commerce [SB0479 Detail]
Download: Michigan-2017-SB0479-Introduced.html
SENATE BILL No. 479
June 21, 2017, Introduced by Senator JONES and referred to the Committee on Commerce.
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 Subject to
subsection (11), 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 $12,675.00 for each
violation.
(2)
An Subject to subsection
(11), 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
$12,675.00
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 an employer
in
good faith and not solely for delay or avoidance of a penalty.
(3)
An Subject to subsection
(11), 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 $12,675.00
for each violation.
(4)
An Subject to subsection
(11), 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 $126,749.00
for each violation, but not less
than
$5,000.00 $9,054.00 for each willful 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 not more than $20,000.00, or both.
(6)
An Subject to subsection
(11), 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
$12,675.00 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 $1,000.00, or both.
(9)
The department of labor or the department of public
health,
licensing and regulatory
affairs, 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 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.Every
January beginning January 2018, the state treasurer shall adjust
the civil penalties in subsections (1), (2), (3), (4), and (6) by
an amount determined by the state treasurer at the end of the
preceding calendar year to reflect the average annual percentage
change in the consumer price index for the most recent 5-year
period for which data are available. As used in this subsection,
"consumer price index" means the most comprehensive index of
consumer prices available for the Midwest region from the Bureau of
Labor Statistics of the United States Department of Labor. The
Michigan occupational safety and health administration shall post
the adjusted civil penalties on its website by March 1 of the year
they are calculated, and the adjusted penalties are effective
beginning May 1 of that year. The annual increases under this
subsection must not exceed 3.5%, and a civil penalty in subsections
(1), (2), (3), (4), and (6) must not be increased to an amount
greater than the corresponding federal penalty for the specified
violation under section 17 of the occupational safety and health
act, 29 USC 666.
Enacting section 1. This amendatory act takes effect October
1, 2017.
