VACATE MIOSHA CITATIONS H.B. 4149 (H-2): FLOOR ANALYSIS
House Bill 4149 (Substitute H-2 as reported without amendment) Sponsor: Representative Walter J. DeLange
House Committee: Human Resources and Labor
Senate Committee: Human Resources, Labor and Veterans Affairs
The bill would amend the Michigan Occupational Safety and Health Act (MIOSHA) to expand the circumstances under which a citation for an alleged MIOSHA violation must be vacated.
Currently, a citation for an alleged violation of the Act’s personal protective equipment standard must be vacated if the employer had provided the equipment; educated employees regarding use of the equipment; and taken reasonable steps, including disciplinary action where appropriate, to assure that employees wore personal protective equipment. The bill, instead, provides that a citation for an alleged violation of the Act, an order issued under the Act, or a rule or standard promulgated under the Act would have to be vacated if it were shown that the employer had provided the equipment or training; educated employees regarding the use of equipment or the implementation of the training; and taken reasonable steps, including disciplinary action where appropriate, to assure that employees used the equipment and complied with the training.
MCL 408.1033 Legislative Analyst: P. Affholter
This bill would not affect the regulatory workload of the Department of Labor or have a budgetary impact on the Bureau of Safety and Employment Regulation. The bill would not have a fiscal impact on the State or on local governmental units.
Date Completed: 1-25-96 Fiscal Analyst: K. Lindquist
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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.