February 22, 2011, Introduced by Reps. Bumstead, Cotter, Huuki, McBroom, Johnson, Hughes, Wayne Schmidt, Foster, Agema, MacMaster, Price, Hooker, Potvin, Rendon and Pettalia and referred to the Committee on Regulatory Reform.
A bill to amend 1974 PA 154, entitled
"Michigan occupational safety and health act,"
by amending section 4 (MCL 408.1004).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) "Agricultural operations" means the work activity
designated in major groups 01 and 02 of the standard industrial
classification manual, United States bureau of the budget, 1972
edition, and includes work activity associated with cultivated
Christmas trees. Agricultural operations include any practices
performed by a farmer or on a farm as an incident to or in
conjunction with farming operations including preparation for
market delivery to storage or market or to carriers for
transportation to market.
(2) "Authorized employee representative" or "representative of
employee" means a person designated by a labor organization
certified by the national labor relations board or employment
relations
commission as defined in section 2(c) of Act No. 176 of
the
Public Acts of 1939, as amended, being section 423.2 of the
Michigan
Compiled Laws created in
section 3 of 1939 PA 176, MCL
423.3, as the bargaining representative for the affected employees.
In the absence of certification, it shall be a person designated by
the organization having a collective bargaining relationship with
the employer and designated as having a collective bargaining
relationship with the employer by the affected employees. If a
labor organization has not been certified, or if no organization
has a collective bargaining relationship with the employer,
"authorized employee representative" or "representative of
employee" means a person designated by the affected employees to
represent them for the purpose of proceedings under this act.
(3) "Board" means the board of health and safety compliance
and appeals created in section 46.
(4) "Construction operations" means the work activity
designated in major groups 15, 16, and 17 of the standard
industrial classification manual, United States bureau of the
budget, 1972 edition.
(5) "Department attorney" means the attorney general or the
authorized representative of the attorney general.
(6) "Domestic employment" means that employment involving an
employee specifically employed by a householder to engage in work
or an activity relating to the operation of a household and its
surroundings, whether or not the employee resides in the household.
(7) "Mines", except as provided in subdivision (d), means all
of the following:
(a) An area of land from which minerals are extracted in
nonliquid form, or if in liquid form, are extracted with workers
underground.
(b) Private ways and roads appurtenant to an area of land
described in subdivision (a).
(c) Lands, excavations, underground passageways, shafts,
slopes, tunnels and workings, structures, facilities, equipment,
machines, tools, or other property, including impoundments,
retention dams, and tailings ponds, on the surface or underground,
used in, or to be used in, or resulting from, the work of
extracting minerals from their natural deposits in nonliquid form,
or if in liquid form, with workers underground, or used in, or to
be used in, the milling of minerals, or the work of preparing coal
or other minerals, and includes custom coal preparation facilities.
(d) This subsection does not include industrial borrow pits,
or sand, gravel, or crushed and dimension stone quarrying
operations, or surface construction operations.