SENATE BILL No. 479

 

 

June 21, 2017, Introduced by Senator JONES and referred to the Committee on Commerce.

 

 

     A bill to amend 1974 PA 154, entitled

 

"Michigan occupational safety and health act,"

 

by amending section 35 (MCL 408.1035), as amended by 1991 PA 105.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 35. (1) An Subject to subsection (11), if an employer who

 

receives a citation for a serious violation of this act, an order

 

issued pursuant to this act, or a rule or standard promulgated

 

under this act, the board shall be assessed assess the employer a

 

civil penalty of not more than $7,000.00 $12,675.00 for each

 

violation.

 

     (2) An Subject to subsection (11), if an employer who fails to

 

correct a violation for which a citation was issued within the

 

period permitted for its correction, the board may be assessed


assess the employer a civil penalty of not more than $7,000.00

 

$12,675.00 for each day during which the failure or violation

 

continues. A period permitted for corrections does not begin to run

 

until the date of the final order of the board if a review

 

proceeding before a the board is initiated by the an employer in

 

good faith and not solely for delay or avoidance of a penalty.

 

     (3) An Subject to subsection (11), if an employer who receives

 

a citation for a violation of this act, an order issued pursuant to

 

this act, or a rule or standard promulgated under this act , which

 

and the violation is specifically determined not to be of a serious

 

nature, the board may be assessed assess the employer a civil

 

penalty of not more than $7,000.00 $12,675.00 for each violation.

 

     (4) An Subject to subsection (11), if an employer who

 

willfully or repeatedly violates this act, an order issued pursuant

 

to this act, or a rule or standard promulgated under this act, the

 

board may be assessed assess the employer a civil penalty of not

 

more than $70,000.00 $126,749.00 for each violation, but not less

 

than $5,000.00 $9,054.00 for each willful violation.

 

     (5) An If an employer who willfully violates this act, an

 

order issued pursuant to this act, or a rule or standard

 

promulgated under this act which and the violation causes the death

 

of an employee, the employer is guilty of a felony and shall be

 

fined not more than $10,000.00, or imprisoned punishable by

 

imprisonment for not more than 1 year or a fine of not more than

 

$10,000.00, or both. If the conviction is the second under this

 

act, the person shall be fined not more than $20,000.00, or

 

imprisoned A second or subsequent violation under this subsection


is punishable by imprisonment for not more than 3 years or a fine

 

of not more than $20,000.00, or both.

 

     (6) An Subject to subsection (11), if an employer who violates

 

a posting requirement prescribed under this act, the board shall be

 

assessed assess the employer a civil penalty of not more than

 

$7,000.00 $12,675.00 for each violation.

 

     (7) A If a person who knowingly makes a false statement,

 

representation, or certification in an application, record, report,

 

plan, or other document filed or required to be maintained pursuant

 

to this act, or who fails to maintain or transmit a record or

 

report as required under section 61, the person is guilty of a

 

misdemeanor and shall be fined not more than $10,000.00, or

 

imprisoned punishable by imprisonment for not more than 6 months or

 

a fine of not more than $10,000.00, or both.

 

     (8) A If a person who gives advance notice of an investigation

 

or an inspection to be conducted under this act without authority

 

from the appropriate director or the designee of the director, the

 

person is guilty of a misdemeanor and shall be fined not more than

 

$1,000.00, or imprisoned punishable by imprisonment for not more

 

than 6 months or a fine of $1,000.00, or both.

 

     (9) The department of labor or the department of public

 

health, licensing and regulatory affairs, if the employer is a

 

public employer, instead of applying a civil penalty otherwise

 

applicable to an employer under this section, may request that the

 

attorney general seek a writ of mandamus in the appropriate circuit

 

court to compel compliance with a citation, including the terms of

 

abatement.


     (10) A person shall not assault a department representative or

 

other person charged with enforcement of this act in the

 

performance of that person's legal duty to enforce this act. A

 

person who violates this subsection is guilty of a misdemeanor. A

 

prosecuting attorney having jurisdiction of this the matter and or

 

the attorney general knowing of a violation of this section may

 

prosecute the violator.

 

     (11) The increases in the civil penalties of subsections (1),

 

(2), (3), (4), and (6) made pursuant to the 1991 amendatory act

 

that added this subsection shall take effect April 1, 1992.Every

 

January beginning January 2018, the state treasurer shall adjust

 

the civil penalties in subsections (1), (2), (3), (4), and (6) by

 

an amount determined by the state treasurer at the end of the

 

preceding calendar year to reflect the average annual percentage

 

change in the consumer price index for the most recent 5-year

 

period for which data are available. As used in this subsection,

 

"consumer price index" means the most comprehensive index of

 

consumer prices available for the Midwest region from the Bureau of

 

Labor Statistics of the United States Department of Labor. The

 

Michigan occupational safety and health administration shall post

 

the adjusted civil penalties on its website by March 1 of the year

 

they are calculated, and the adjusted penalties are effective

 

beginning May 1 of that year. The annual increases under this

 

subsection must not exceed 3.5%, and a civil penalty in subsections

 

(1), (2), (3), (4), and (6) must not be increased to an amount

 

greater than the corresponding federal penalty for the specified

 

violation under section 17 of the occupational safety and health


act, 29 USC 666.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2017.