SENATE BILL No. 493

 

 

May 11, 2005, Introduced by Senators BASHAM, SCHAUER and CHERRY and referred to the Committee on Government Operations.

 

 

 

 

     A bill to amend 1974 PA 154, entitled

 

"Michigan occupational safety and health act,"

 

by amending sections 5 and 6 (MCL 408.1005 and 408.1006), section 5

 

as amended by 1986 PA 80.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) "Employee" means a person who is receiving

 

vocational training from an employer or who is permitted to work by

 

an employer.

 

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

 

the  this state or a political subdivision,  which  that employs 1

 

or more persons or that provides vocational training to 1 or more

 

persons.

 

     (3) "Imminent danger" means a condition or practice in a place


 

of employment  which is such that a danger exists which  that is

 

dangerous and 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 material safety data sheet is not available as

 

required by the standard incorporated by reference in section 14a

 

shall be considered an imminent danger after meeting the provisions

 

of 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, rules or standards promulgated under this act, or

 

orders issued  pursuant to  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.

 

     Sec. 6. (1) "Place of employment" means a factory, plant,

 

establishment, construction site or other similar area, workplace,

 

or environment where an employee is permitted to work or receive

 

vocational training.

 

     (2) "Political subdivision" means a city, village, township,

 

county, school district, intermediate school district, or state or

 

local government authorized or supported agency, authority, or


 

institution.

 

     (3) "Rule" means  a rule  that term as defined  by  in section

 

7 of  Act No. 306 of the Public Acts of 1969, being section 24.207

 

of the Michigan Compiled Laws  the administrative procedures act of

 

1969, 1969 PA 306, MCL 24.207. A rule may only be promulgated by

 

the director of  labor  the department of consumer and industry

 

services or the director of the department of community health

 

except as otherwise specifically prescribed in this act.

 

     (4) "Serious violation" means a violation of this act, an

 

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

 

promulgated under this act or adopted by reference  pursuant to  in

 

accordance with this act for which a substantial probability exists

 

that death or serious physical harm could result from the violation

 

or from a practice, means, method, operation, or process  which  

 

that is in use, unless the employer did not and could not, with the

 

exercise of reasonable diligence, know of the presence of the

 

violation.

 

     (5) "Standard" means a health or safety standard  which  that

 

specifies conditions, or the adoption or use of 1 or more

 

practices, means, methods, operations, or processes necessary to

 

provide safe and healthful employment or vocational training in

 

places of employment. Except as otherwise specifically  prescribed

 

provided in this act,  only  the authority to promulgate standards

 

under this act is restricted, as follows:

 

     (a)  General  The general industry safety standards commission

 

may promulgate  a standard relative  standards relating to

 

occupational safety.


 

     (b)  Construction  The construction safety standards

 

commission may promulgate  a standard relative  standards relating

 

to construction safety.

 

     (c)  Occupational  The occupational health standards

 

commission may promulgate  a standard relative  standards relating

 

to occupational health.

 

     (6) "Standards promulgation commission" means the general

 

industry safety standards commission, the construction safety

 

standards commission, or the occupational health standards

 

commission.

 

     (6)  (7)  "Trade secret" means a confidential process,

 

formula, pattern, device, or compilation of information  which  

 

that is used in the employer's business and  which  that gives him

 

or her an opportunity to obtain an advantage over competitors who

 

do not know or use it.

 

     (7) "Vocational training" means instruction under a program

 

designed to prepare individuals for gainful employment as

 

semiskilled or skilled workers or technicians. Vocational training

 

includes instruction described in this subsection that is provided

 

by a secondary or postsecondary educational institution.

 

      (8)  "Wilful"  "Willful", for the purpose of criminal

 

prosecutions, means the intent to do an act knowingly and purposely

 

by an individual who, having a free will and choice, either

 

intentionally disregards a requirement of this act, or a rule or

 

standard promulgated  pursuant to  under this act, or is knowingly

 

and purposely indifferent to a requirement of this act, or a rule

 

or standard promulgated  pursuant to  under this act. An omission


 

or failure to act is  wilful  willful if it is done knowingly and

 

purposely.  Wilful  Willful does not require a showing of moral

 

turpitude, evil purpose, or criminal intent  provided  if the

 

individual is shown to have acted or to have failed to act

 

knowingly and purposely.

 

      (9) "Working day" means any day other than a Saturday,

 

Sunday, or state legal holiday.