Bill Text: MI SB1034 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Labor; health and safety; mandatory fines for MIOSHA violations that result in the death or injury of a worker; establish. Amends sec. 35 of 1974 PA 154 (MCL 408.1035).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-09-06 - Referred To Committee On Commerce [SB1034 Detail]
Download: Michigan-2015-SB1034-Introduced.html
SENATE BILL No. 1034
September 6, 2016, Introduced by Senator HERTEL 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 Except as
otherwise provided in this section,
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 fine
of not more than $7,000.00 for each violation. However, if the
serious violation causes or contributes to the death of an
employee, the employer shall be fined not less than $18,000.00 or
more than $36,000.00.
(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 fine
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.fine.
(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 fine of not more than $7,000.00 for each
violation.
(4)
An Except as provided in
subsection (5), 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
shall
be assessed a civil penalty fine of
not less than $5,000.00
or
more than $70,000.00 for each
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 violation causes or contributes to the death
of an employee, is guilty of a felony and may be imprisoned for not
more than 1 year and shall be fined not less than $36,000.00 or
more
than $10,000.00, or imprisoned for not more than 1 year, or
both.
$100,000.00. If the conviction is the second under this act,
subsection,
the person shall be fined not more
than $20,000.00, or
may
be imprisoned for not more than 3 years ,
or both.and shall be
fined not less than $36,000.00 or more than $100,000.00.
(6) An employer who violates a posting requirement prescribed
under
this act shall be assessed a civil penalty fine 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
may be imprisoned
for not more than 6 months and shall be
fined
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 may
be imprisoned for not more than 6
months
and shall be fined not more than
$1,000.00. , or imprisoned
for
not more than 6 months, or both.
(9)
The department of labor or the department of public
health,
licensing and regulatory
affairs or the department of
health and human services, if the employer is a public employer,
instead
of applying a civil penalty fine
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 who
assaults 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
