HOUSE BILL NO. 5797

May 20, 2020, Introduced by Reps. Manoogian, Hood, Pohutsky, Kennedy, Stone, Kuppa, Shannon, Ellison, Chirkun, Sneller, Cherry and Hammoud and referred to the Committee on Commerce and Tourism.

"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 Except as provided in subsection (12), 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 shall be assessed a civil penalty of not more than $7,000.00 for each violation.

(2) An employer who fails to correct a violation for which a citation was issued within the period permitted for its correction may be assessed a civil penalty of not more than $7,000.00 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 board is initiated by the employer in good faith and not solely for delay or avoidance of a penalty.

(3) 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 violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of not more than $7,000.00 for each violation that is specifically determined not to be of a serious nature.

(4) 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 may be assessed a civil penalty of not less than $5,000.00 but not more than $70,000.00 for each willful or repeated violation. , but not less than $5,000.00 for each willful violation.

(5) An employer who willfully violates this act, an order issued pursuant to this act, or a rule or standard promulgated under this act which that causes the death of an employee is guilty of a felony and shall be fined punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00, or imprisoned for not more than 1 year, or both. If the conviction is the a second or subsequent conviction under this act, the person shall be fined employer is guilty of a felony punishable by imprisonment for not more than 3 years or a fine of not more than $20,000.00, or imprisoned for not more than 3 years, or both.

(6) An employer who violates a posting requirement prescribed under this act shall be assessed a civil penalty of not more than $7,000.00 for each violation.

(7) 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, is guilty of a misdemeanor and shall be fined punishable by imprisonment for not more than 6 months or a fine of not more than $10,000.00, or imprisoned for not more than 6 months, or both.

(8) 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 is guilty of a misdemeanor and shall be fined punishable by imprisonment for not more than 6 months or a fine of not more than $1,000.00, or imprisoned for not more than 6 months, or both.

(9) The department of labor and economic opportunity or the department of public health and human services, 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 matter and 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.

(12) Beginning March 1, 2020, and until December 31, 2020, an employer who receives a citation for a serious violation of this act, an order issued pursuant to this act, a rule or standard promulgated under this act, or an occupational safety and health order issued pursuant to a declared state of emergency shall be assessed a civil penalty of not more than $15,000.00 for each violation.