HOUSE BILL No. 5284

 

August 26, 2009, Introduced by Rep. Bledsoe and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1969 PA 317, entitled

 

"Worker's disability compensation act of 1969,"

 

(MCL 418.101 to 418.941) by adding section 301a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 301a. (1) A lung disease or other condition that has been

 

linked to secondhand smoke by credible scientific evidence shall be

 

presumed to have been contributed to, aggravated, or accelerated in

 

a significant manner by employment and is compensable as provided

 

in this act if all of the following conditions are met:

 

     (a) The employer permits smoking in the workplace.

 

     (b) The affected employee does not smoke and has not been a

 

smoker in the immediately preceding 10 years.

 

     (c) The employee was subject to secondhand smoke in the


 

workplace for 1 year or more.

 

     (2) The presumption under subsection (1) is removed if the

 

employer provides affirmative evidence of non-work-related

 

causation or specific incidents that establish a cause independent

 

of employment and not merely evidence of a preexisting condition or

 

an abstract medical opinion that employment was not the cause of

 

the disease or condition.