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.