HOUSE BILL No. 5823

 

 

April 17, 2018, Introduced by Reps. Wittenberg, Faris, Cambensy, Pagan, Liberati, Hammoud, Lasinski, Durhal, Santana, Camilleri, Elder, Geiss, Gay-Dagnogo, Chang, Rabhi, Zemke, Greimel, Clemente, Sneller, Yaroch and Jones 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 2016 PA 17.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

employer, including an individual who is performing work primarily

 

for educational purposes, such as a student intern, whether or not

 

the individual receives payment or any other form of compensation

 

or benefit for the work.

 

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

 

this state or a political subdivision, 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 such that a danger exists 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 is considered an imminent danger after

 

meeting the provisions of tagging under 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 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

 

diseases.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.