August 19, 2009, Introduced by Rep. Meadows and referred to the Committee on Labor.
A bill to amend 1974 PA 154, entitled
"Michigan occupational safety and health act,"
(MCL 408.1001 to 408.1094) by adding section 14o.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14o. (1) Except as provided in subsection (6), during the
construction, renovation, or demolition of any improvement to real
property in this state that will take more than 2 days, a general
contractor shall provide no less than 1 toilet facility at the
construction site for each 10 employees or fraction thereof working
at the construction site.
(2) If a permit is required for construction, renovation, or
demolition of any improvement to real property in this state, the
appropriate enforcing agency shall not issue the permit unless,
before starting construction, renovation, or demolition, the
general contractor or another person requesting the permit
demonstrates compliance with this section by providing the
enforcing agency with either of the following:
(a) A written agreement signed by both the party requesting
the permit and a toilet facility provider that establishes the
rental of no fewer toilet facilities than are necessary to comply
with subsection (1).
(b) A written agreement or affidavit demonstrating either a
valid exemption under subsection (6)(a) or (b) or that the
construction, renovation, or demolition will not take more than 2
days.
(3) Each toilet facility provided under subsection (1) shall
be operational; maintained in a clean and sanitary condition; and
provided with water, hand soap or some similar cleansing or
disinfecting agent, and toilet paper adequate to employee needs.
(4) A general contractor who violates this section shall be
issued a citation and is responsible for a civil penalty assessed
pursuant to sections 33 to 45. A third party contract or agreement
that purports to assign the general contractor's compliance
obligations under this section is void.
(5) As used in this section:
(a) "Construction site" means a location at which any
improvement to real property is in progress or where actual
construction, renovation, or demolition of an improvement to real
property is in progress.
(b) "Employee" includes, but is not limited to, a
subcontractor, supplier, laborer, or any other individual who,
under a contract or an agreement with a general contractor or
subcontractor, provides any improvement to real property or
facilitates the renovation or demolition of an improvement to real
property at the construction site through the individual's personal
labor.
(c) "General contractor" means a person who contracts with an
owner, lessee, or other party to provide, directly or indirectly
through contracts or agreements with subcontractors, suppliers, or
laborers, substantially all of the materials or services for the
construction, renovation, or demolition of improvements to real
property at a construction site.
(d) "Toilet facility" means a fixed or portable facility
designed to collect and contain the products of both defecation and
urination and that meets applicable health standards. Toilet
facility includes biological, chemical, flush, and combustion
toilets and sanitary privies.
(6) All of the following exemptions apply:
(a) A private residential property owner or private
residential property tenant performing a construction, renovation,
or demolition project on his or her privately owned or privately
leased residential property is not subject to the requirements of
subsection (1) or (2) for a project that meets both of the
following conditions:
(i) Before starting construction, renovation, or demolition,
the property owner or tenant has agreed to make toilet facilities
available for use by employees working on that residential
property.
(ii) Toilet facilities meeting the requirements of subsection
(3) are available for employee use on the residential property for
the duration of the project.
(b) A general contractor performing a construction,
renovation, or demolition project on either residential or
commercial property is not subject to the requirements of
subsection (1) or (2) for a project that meets both of the
following conditions:
(i) Before the contractor starts construction, renovation, or
demolition, the residential or commercial property owner has signed
a written statement or affidavit agreeing to make toilet facilities
available for use by the employees working on that property.
(ii) Toilet facilities meeting the requirements of subsection
(3) are available for employee use on the property for the duration
of the project.
(c) A general contractor for a county road commission or the
Michigan department of transportation is exempt from the
requirements of this section for a construction crew working on a
public road.