HB-5070, As Passed House, February 11, 2016HB-5070, As Passed Senate, February 11, 2016



















November 10, 2015, Introduced by Rep. Leutheuser and referred to the Committee on Commerce and Trade.


     A bill to amend 1974 PA 154, entitled


"Michigan occupational safety and health act,"


by amending section 5 (MCL 408.1005), as amended by 2012 PA 447.




     Sec. 5. (1) "Employee" means a person permitted to work by an




     (2) "Employer" means an individual or organization, including


the this state or a political subdivision, which that employs 1 or


more persons. Except as otherwise specifically provided in the


franchise agreement, as between a franchisee and franchisor, the


franchisee is considered the sole employer of workers for whom the


franchisee provides a benefit plan or pays wages.


     (3) "Imminent danger" means a condition or practice in a place


of employment which is such that a danger exists which that could


reasonably be expected to cause death or serious physical harm


either immediately or before the imminence of the danger can be


eliminated through the enforcement procedures otherwise provided. A


container of an unknown and unlabeled chemical or a container of


hazardous chemicals that is not labeled or for which a safety data


sheet is not available as required by the standard incorporated by


reference in section 14a shall be considered an imminent danger


after meeting the provisions of section 31.


     (4) "Inspection" means the examination or survey of a place of


employment to detect the presence of an existing or potential


occupational safety or health hazard or to determine compliance


with this act , or with rules or standards promulgated, or orders


issued pursuant to under this act.


     (5) "Investigation" means the detailed evaluation or study of


working conditions, including equipment, processes, substances, air


contaminants, or physical agents with respect to the actual or


potential occurrence of occupational accidents, illnesses, or




     Enacting section 1. This amendatory act takes effect 90 days


after the date it is enacted into law.