SENATE Substitute For

HOUSE BILL NO. 4031

"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 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 of not more than $7,000.00 for each violation.

(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 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 the board is initiated by the employer in good faith and not solely for delay or avoidance of a penalty.

(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 of not more than $7,000.00 for each violation specifically determined not to be of a serious nature.

(4) 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 be assessed a civil penalty of not 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 causes causing the death of an employee is guilty of a felony and shall be fined punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00, or imprisoned for not more than 1 year, or both. If the conviction is the second under this act, the person shall be fined is guilty of a felony punishable by imprisonment for not more than 3 years or a fine of not more than $20,000.00, or imprisoned for not more than 3 years, or both.

(6) An employer who violates a posting requirement prescribed under this act shall be assessed a civil penalty 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, except as otherwise provided in this subsection, who fails to maintain or transmit a record or report as required under section 61, is guilty of a misdemeanor and shall be fined punishable by imprisonment for not more than 6 months or a fine of not more than $10,000.00, or imprisoned for not more than 6 months, or both. If a death or injury occurs on a family farm to the owner of the family farm or a family member of the owner, and if the employer fails to report the death or injury within the time period prescribed under this act or a rule promulgated under this act, a civil penalty or fine assessed against the employer under this subsection must be reduced by the maximum amount allowed under this act or a rule promulgated under this act.

(8) A person An individual 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 fined punishable by imprisonment for not more than 6 months or a fine of not more than $1,000.00, or imprisoned for not more than 6 months, or both.

(9) The department of labor and economic opportunity or the department of public health , and human services, if the employer is a public employer, instead of applying a civil penalty 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 An individual shall not assault a department representative or other person individual charged with enforcement of this act in the performance of that person's individual's legal duty to enforce this act. A person An individual 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.

(12) As used in this section:

(a) "Family farm" means a farming operation, including, but not limited to, a sole proprietorship, partnership, or family corporation, that meets all of the following conditions:

(i) The farming operation is wholly owned by the operator or the operator's family members.

(ii) During the immediately preceding 12-month period, all of the following conditions were met:

(A) More than 50% of the employees of the farming operation were family members of the owner or operator of the farming operation.

(B) The farming operation did not employ, at any 1 time, more than 9 employees who were not family members of the owner or operator of the farming operation.

(b) Family farm does not include either of the following:

(i) A farming operation that is organized as a nonfamily corporation or cooperation.

(ii) A farming operation with a hired manager who is not a family member of the owner or operator of the farming operation.

(c) "Family member" means a member of the family as that term is defined in section 4946 of the internal revenue code of 1986, 26 USC 4946.