HOUSE BILL No. 4307

 

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.