HOUSE BILL NO. 5983

A bill to require employers to provide suitable seats for employees under certain circumstances; to provide for the powers and duties of certain state governmental officers and entities; to provide for the promulgation of rules; and to provide civil sanctions.

the people of the state of michigan enact:

Sec. 1. As used in this act:

(a) "Department" means the department of labor and economic opportunity.

(b) "Employee" means an individual employed by an employer.

(c) "Employer" means a person that employs 1 or more employees.

(d) "Person" means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity.

(e) "Suitable seat" means any of the following that has support for an individual's back:

(i) A chair.

(ii) A stool.

(iii) A bench.

(iv) Any other similar object on which an individual can sit.

Sec. 3. (1) Subject to subsection (2), an employer shall provide to an employee who is performing work for the employer at a location that is owned, leased, or operated by or under the control of the employer a suitable seat if it is reasonable for the employee to use a suitable seat while performing the work.

(2) If it is not reasonable for an employee to use a suitable seat while performing the work, the employer shall provide a suitable seat in close proximity to the employee's working area. An employer shall not prohibit an employee from using a suitable seat described in this subsection unless the employee is actively performing the work.

Sec. 5. An employer that violates this act is subject to a civil fine of $250.00 times the number of employees aggrieved by the violation per 2-week period that the employer remains in violation. The prosecutor of the county in which the violation occurred or the attorney general may bring an action to collect the fine. A fine collected under this section must be deposited in the general fund.

Sec. 7. The department may promulgate rules to implement this act under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

Sec. 9. If a collective bargaining agreement or other employment agreement meets both of the following conditions, this act applies to the parties to the agreement beginning on the date the agreement expires or is terminated, amended, extended, or renewed:

(a) The agreement is in effect on the effective date of this act.

(b) The agreement conflicts with this act.