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.