SENATE BILL NO. 830

April 16, 2024, Introduced by Senator CHERRY and referred to the Committee on Labor.

A bill to amend 1974 PA 154, entitled

"Michigan occupational safety and health act,"

by amending the title and sections 4, 13, 14, 14a, 14e, 14f, 14j, 14n, 24, 27, 28, 29, 30, 31, 33, 35, 36, 37, 41, 45, 46, 52, 54, 55, 56, 63, 65, and 91 (MCL 408.1004, 408.1013, 408.1014, 408.1014a, 408.1014e, 408.1014f, 408.1014j, 408.1014n, 408.1024, 408.1027, 408.1028, 408.1029, 408.1030, 408.1031, 408.1033, 408.1035, 408.1036, 408.1037, 408.1041, 408.1045, 408.1046, 408.1052, 408.1054, 408.1055, 408.1056, 408.1063, 408.1065, and 408.1091), the title as amended by 1986 PA 147, sections 4, 35, and 36 as amended by 2024 PA 17, section 14 as amended by 2020 PA 143, sections 14a, 14e, 14f, 14j, 24, 31, 54, and 63 as amended by 2012 PA 447, section 14n as amended by 1991 PA 105, section 33 as amended by 1996 PA 87, and section 55 as amended by 1993 PA 197; and to repeal acts and parts of acts.

the people of the state of michigan enact:

TITLE

An act to prescribe and regulate working conditions; to prescribe the duties of employers and employees as to places and conditions of employment; to create certain boards, commissions, committees, and divisions relative to occupational and construction health and safety; to prescribe their the powers and duties and powers and duties of the department of labor and department of public health; to prescribe certain powers and duties of the directors of the departments of labor, public health, and agriculture; of certain state and local governmental officers and entities; to impose an annual levy to provide revenue for the safety education and training division; certain purposes related to occupational safety and health; to provide remedies and penalties; to repeal certain acts and parts of acts; and to repeal certain acts and parts of act acts on specific dates.

Sec. 4. (1) "Attorney general" means the attorney general or the attorney general's designee.

(2) "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. subsectors 111 and 112 of the North American Industry Classification System, United States, 2022. Agricultural operations include any practices includes a practice performed by a farmer or on a farm as an incident to or in conjunction with farming operations including preparation for market or delivery to storage or market or to carriers for transportation to market.

(3) (2) "Asbestos" means a group of naturally occurring minerals that separate into fibers, including chrysotile, amosite, crocidolite, anthophyllite, tremolite, and actinolite.

(4) (3) "Asbestos-related violation" means a violation of this act, an order issued under this act, or a rule or standard promulgated under this act that involves the demolition, renovation, encapsulation, removal, or handling of friable asbestos material or otherwise involves the exposure of an individual to friable asbestos material.

(5) (4) "Authorized employee representative" or "representative of employee" means a any of the following, as applicable:

(a) A person designated by a labor organization certified by the National Labor Relations Board or the employment relations commission created under 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

(b) If subdivision (a) does not apply, 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.

(c) If a labor organization has subdivisions (a) and (b) do not been certified, or if no organization has a collective bargaining relationship with the employer, "authorized employee representative" or "representative of employee" means apply, a person designated by the affected employees to represent them for the purpose of proceedings under this act.

(6) (5) "Board" means the board of health and safety compliance and appeals created in section 46.

(7) (6) "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.sector 23 of the North American Industry Classification System, United States, 2022.

(8) "Department" means, unless the context requires a different meaning, the department of labor and economic opportunity.

(9) (7) "Director" means, unless the context requires a different meaning, the director of the department of labor and economic opportunity.or the director's designee.

(8) "Department attorney" means the attorney general or the authorized representative of the attorney general.

(10) (9) "Domestic employment" means that employment involving that involves an employee specifically employed by a householder to engage in work or an activity relating that relates to the operation of a household and its surroundings, whether or not the employee resides in the household.

(11) (10) "Friable asbestos material" means any material that contains more than 1% asbestos by weight and that can be, by hand pressure, crumbled, pulverized, or reduced to powder when dry.

(12) (11) "Mines", except as provided in subsection (12), (13), 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 the mineral's 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.

(13) (12) "Mines" does not include industrial borrow pits, or sand, gravel, or crushed and dimension stone quarrying operations, or surface construction operations.

Sec. 13. (1) The department of labor shall administer and enforce the provisions of this act. relative to occupational safety.

(2) The department of public health shall administer and enforce the provisions of this act relative to occupational health.

(3) The department of labor and department of public health shall report annually by January 31 in writing to the committees on labor and public health of the house of representatives and committees on labor and health, social services and retirement of the senate specifying the provisions of this act where the authority of the departments overlap, and all agreements and administrative procedures to coordinate joint enforcement of the act. Any changes in these agreements or administrative procedures must be reported in writing to the committees on labor and public health of the house of representatives and committees on labor and health, social services and retirement of the senate within 15 days of the changes.

Sec. 14. (1) Except as otherwise provided in subsection (3), the occupational safety and health standards that have been adopted or promulgated by the United States Department of Labor under the occupational safety and health act of 1970, Public Law 91-596, 84 Stat 1590, and that are in effect on January 1, 1975 are incorporated by reference and have the same force and effect as a rule promulgated pursuant to this act. A standard that is incorporated by reference pursuant to this subsection remains in effect until either of the following conditions occurs:

(a) A standard is promulgated pursuant to this act that covers the same or a similar subject.

(b) The standard is rescinded by rule promulgated pursuant to this act.

(2) If a rule or standard that is continued pursuant to section 24(1) conflicts with or covers the same or similar subject as a standard incorporated by reference pursuant to subsection (1), the federal standard incorporated by reference governs and the state rule or standard continued pursuant to section 24(1) shall be is rescinded.

(3) If a rule or standard that is continued in effect under this act pursuant to section 21(1) covers the same subject as a federal standard, subsection (1) does not apply.

(4) The department of licensing and regulatory affairs shall make copies of the standards incorporated by reference pursuant to subsection (1) available to the public at cost.

(5) Beginning April 1, 1992, not Not later than 10 working days after the date that the United States Department of Labor adopts or promulgates an occupational safety and health standard under the occupational safety and health act of 1970, Public Law 91-596, 84 Stat 1590, the director shall initiate the processing of an administrative rule that is substantially similar to the federal occupational safety and health standard. The director shall present the proposed administrative rule shall be presented to the joint committee on administrative rules unless the director determines that the federal standard is clearly inconsistent with the criteria set forth in section 9, 16, 19, or 24.

(6) Beginning April 1, 1992, a A proposed administrative rule that would address a matter not addressed by 1 or more federal standards shall must not be processed and presented to the joint committee on administrative rules unless the director determines that there is a clear and convincing need for the standard to meet the criteria set forth, as appropriate, in sections 9, 16, 19, and 24. The director shall include a statement of the specific facts that establish the clear and convincing need when processing and presenting the administrative rule. The statement shall either must explain the unique characteristics of industry in this state that necessitate the standard or demonstrate that the standard was requested by a broad consensus of union and nonunion employers and employees in the specific industry affected by the standard.

(7) The administrative rules described in subsections (5) and (6) shall must be promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(8) This section does not apply to section 14r.

Sec. 14a. (1) The occupational safety and health hazard communication standard that has been adopted or promulgated by the United States department of labor Department of Labor and has been codified at 29 CFR 1910.1200 as of May 25, 2012 is incorporated by reference and has the same force and effect as a rule promulgated under this act. In addition to the standard incorporated by reference in this subsection, sections 14b to 14l apply to an employer subject to this act. The applicability of the standard incorporated by reference in this subsection and of sections 14b to 14l is subject to subsections (4), (5), (6), and (7).

(2) If a rule or standard that is continued pursuant to section 24(1) is in conflict with or covers the same or similar subject as a standard incorporated by reference pursuant to subsection (1), the federal standard so incorporated by reference governs and the state rule or standard continued pursuant to section 24(1) is rescinded.

(3) The department of licensing and regulatory affairs shall administer and enforce the provisions of the standard incorporated by reference in subsection (1) in a manner that is consistent with the administration and enforcement of the standard by the federal occupational safety and health administration.

(4) Beginning November 25, 1985, employers Employers who are chemical manufacturers in a classification provided by sector 31-33 manufacturing, sectors 31 to 33 of the North American industry classification system, Industry Classification System, United States, 1997, published by the office of management and budget or in a standard industrial classification of 20 through to 39 of the standard industrial classification code published by the federal department of management and budget, importers, and distributors shall label containers of hazardous chemicals leaving their workplaces, provide safety data sheets with initial shipments, and otherwise comply with any an applicable provision of the standard incorporated by reference pursuant to subsection (1) and of sections 14b to 14l. A chemical manufacturer, importer, or distributor subject to this subsection shall provide a safety data sheet and an appropriately labeled container to each employer in this state, regardless of the employer's standard industrial classification in the standard industrial classification code, who purchases a hazardous chemical.

(5) Beginning May 25, 1986, an An employer in a classification provided by sector 31-33 manufacturing, sectors 31 to 33 of the North American industry classification system, Industry Classification System, United States, 1997, published by the office of management and budget or in a standard industrial classification of 20 through to 39 of the standard industrial classification code published by the federal department of management and budget shall comply with the requirements of the standard incorporated by reference pursuant to subsection (1) and with sections 14b to 14l with respect to the use of hazardous chemicals in the workplace.

(6) Beginning February 25, 1987, an An employer who is subject to this act but who is not otherwise specifically described in subsections (4) or (5) shall comply with the standard incorporated by reference pursuant to subsection (1) and with sections 14b to 14l with respect to the use of hazardous chemicals in the workplace. However, instead of complying with any a conflicting provision of the standard incorporated by reference in subsection (1), an employer who is described in this subsection shall do both of the following:

(a) Provide information and training to employees who are exposed to hazardous chemicals in the normal course of employment or who are likely to be exposed to hazardous chemicals in the event of an emergency.

(b) In the case where If a hazardous chemical is mixed or combined with any other another chemical or a hazardous chemical by the employer, maintain and provide a safety data sheet for each constituent hazardous chemical and maintain a material identification system that identifies to employees the appropriate safety data sheets.

(7) The standard incorporated by reference in subsection (1), this section, and sections 14b to 14l shall must not be construed to require an employer in a classification provided by sector 31-33 manufacturing, 31 to 33 of the North American industry classification system, Industry Classification System, United States, 1997, published by the office of management and budget or in a standard industrial classification other than 20 through to 39 of the standard industrial classification code published by the federal department of management and budget to evaluate chemicals, to develop labels for containers of hazardous chemicals, or to develop safety data sheets.

Sec. 14e. In order to To educate employers, employees, and the public about the hazards of exposure to hazardous chemicals and the requirements of the occupational safety and health hazard communication standard incorporated by reference in section 14a and the requirements of sections 14b to 14l, the department of licensing and regulatory affairs shall distribute periodically public service announcements to newspapers and television and radio stations throughout this state.

Sec. 14f. (1) An employer engaged in agricultural operations is not required to comply with the standard incorporated by reference in section 14a or sections 14b to 14l for a hazardous chemical that is regulated under any of the following:

(a) The federal insecticide, fungicide, and rodenticide act, chapter 125, 86 Stat. 973, 7 USC 136 to 136i and 136j to 136y. , or part

(b) Part 83 (pesticide control) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8301 to 324.8336. , and any rules

(c) A rule or regulations regulation promulgated under those acts.an act described in subdivision (a) or (b).

(2) The director of the department of agriculture and rural development at least annually shall certify to the department of licensing and regulatory affairs a list of chemicals regulated by the acts laws described in subsection (1).

Sec. 14j. An employer subject to the standard incorporated by reference in section 14a and to sections 14b to 14l shall post signs throughout the workplace advising employees of all of the following:

(a) The location of the safety data sheets for the hazardous chemicals produced or used in the workplace and the name of the person from whom to obtain the sheets.

(b) That the employer is prohibited from discharging or discriminating against an employee who exercises the rights regarding information about hazardous chemicals in the workplace afforded by the standard incorporated by reference in section 14a and by sections 14b to 14l.

(c) That, as an alternative to requesting the employer for a safety data sheet for a hazardous chemical in the workplace, the employee may obtain a copy of the safety data sheet from the department. of licensing and regulatory affairs. The sign shall must include the address and telephone number of the division of the department of licensing and regulatory affairs that has the responsibility of responding to such these requests.

Sec. 14n. (1) Except as provided in subsections (2) and (3), the occupational safety and health field sanitation standard that has been adopted or promulgated by the United States department of labor Department of Labor and has been codified at 29 C.F.R. CFR 1928.110 as of April 1, 1991 is incorporated by reference and supersedes the occupational health field sanitation standard as prescribed in R 325.61751 to R 325.61757 of the Michigan administrative code, and has the same force and effect as a rule promulgated pursuant to under this act.

(2) An agricultural employer shall provide, at no cost to the an agricultural employee, potable water in locations that are readily accessible to all agricultural employees.

(3) An agricultural employer employing less that employs fewer than 11 agricultural employees shall ensure that an available toilet facility and hand-washing facility is either provided by the agricultural employer or available to the agricultural employee.

(4) The department of public health shall administer and enforce the standard incorporated by reference in subsection (1) in a manner that is consistent with the administration and enforcement of the standard by the federal occupational safety and health administration.

(5) The department of public health shall make copies of the standard described in subsection (1) and the requirements of subsections (2) and (3) available to the public at cost.

Sec. 24. (1) Standards governing that govern occupational health promulgated by the director of public health that are in effect on the effective date of the amendatory act that repealed section 23 of this act December 27, 2012 are continued under section 31 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.231.

(2) The director shall promulgate an occupational health standard pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, except for standards adopted by reference pursuant to under section 14.

(3) When promulgating the director promulgates an occupational health standards, standard, the director shall promulgate a standard that most adequately assures, ensures, to the extent feasible and on the basis of the best available evidence, that an employee will not suffer material impairment of health or functional capacity, even if the employee has regular exposure to a hazard dealt with by the standard for the period of his or her the employee's working life.

(4) The director shall promulgate an emergency standard pursuant to in accordance with section 48 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.248, if the director finds that employees are exposed to substances or agents determined to be toxic or physically harmful and the emergency standard is necessary to protect employees from that danger. If the director promulgates an emergency standard on a matter addressed by a federal standard, the director shall promulgate a standard that is substantially similar to the federal standard unless he or she the director determines and certifies that the federal standard is clearly inconsistent with the criteria set forth provided in section 9 or 24.

(5) An occupational health standard shall must prescribe appropriate forms of warning that are necessary to insure ensure that employees are apprised of health hazards to which they the employees are exposed, relevant symptoms, and the conditions and precautions for safe use or exposure, including appropriate emergency treatment. If appropriate, a standard shall must prescribe suitable protective equipment, control, or technological procedures to be used and shall require an employer to monitor or measure employee exposure, to allow employees or their the employees' representatives to observe the monitoring and have access to the records of the monitoring, and to conduct the monitoring in a manner that is necessary for the protection of the employees' health. Former employees shall A former employee must have access to the records indicating their the employee's exposure to toxic materials and harmful physical agents.

(6) If appropriate, the director shall prescribe by standard that medical examinations or tests are made available, at the employer's cost, to employees to determine if they are adversely affected by exposure to health hazards. If the examination is performed by a physician other than a physician who is retained for that purpose by the employer, the employer is responsible only for the reasonable costs of the examination, and only for costs related to the performance of the examination required by the standard. The results of the examinations or tests shall must be furnished to the employer, the employee, and, upon request of if requested by the employee, to the employee's personal physician. Upon request of the director, the The employer shall furnish the results of the examinations or tests to the director if the director requests the results. However, this act does not authorize or require medical examinations, immunizations, or treatments for those individuals who object to them on religious grounds, except if necessary for the protection of the health or safety of others.

Sec. 27. (1) An employer may apply to the department of labor or the department of public health for a temporary order granting a variance from a standard or a provision thereof. A of a standard. The department shall not grant a temporary order shall be granted only if unless the employer files an application which that meets the requirements of subsection (2) and establishes that the employer is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date, that the employer is taking all available steps to safeguard his its employees against the hazards covered by the standard, and that the employer has an effective program for complying with the standard as quickly as practicable. A temporary order issued under this subsection shall must prescribe the practices, means, methods, operations, and processes which that the employer shall must adopt and use while the order is in effect, and state in detail the employer's program for complying with the standard. A temporary order may be granted only after notice to employees and an opportunity for a hearing. However, the department of labor or the department of public health may issue an interim order to be that is effective until a decision is made on the basis of the hearing. A temporary order may not be in effect for longer than the period needed by the employer to achieve compliance with the standard or 1 year, whichever is lesser, except that sooner. However, the order may be renewed not more than twice so long as if the requirements of this subsection are met and if an application for renewal is filed not less than 90 days before the expiration date of the order. An interim renewal of an order may not remain in effect for longer than 180 days.

(2) An application for a temporary order under this section shall must contain all of the following:

(a) A specification of the standard or portion thereof of the standard from which the employer seeks a variance.

(b) A statement by the employer that he the employer is unable to comply with the standard or portion thereof of the standard and a detailed statement of the reasons therefor.why.

(c) A statement of the steps the employer has taken and will take, with specific dates, to protect employees against the hazard covered by the standard.

(d) A statement of when the employer shall will comply with the standard and what steps the employer has taken and will take, with dates specified, to comply with the standard.

(e) A certification that the employer has informed his its employees of the application by giving a copy thereof of the application to their the authorized representative of the employees, posting a statement giving a summary of the application, and specifying where a copy may be examined at the place or places where notices to employees are normally posted and by other appropriate means. A The certification must include a description of how employees were informed. shall be contained in the certification. The information to employees shall must also inform the employees of their right to petition the department of labor or the department of public health for a hearing.

(3) The department of labor or the department of public health may grant a variance from a standard or a portion thereof when it of a standard if the department determines that the variance is necessary to permit allow an employer to participate in an experiment approved by it the department that is designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers.

(4) An affected employer may apply to the appropriate department for a rule or an order for a variance from a standard. Affected employees An affected employee or their representatives shall the employee's representative must be given notice of each application and an opportunity to participate in a hearing. The appropriate department shall issue a rule or an order if it the department determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by an employer will provide employment and places of employment to his the employer's employees which that are as safe and healthful as those which that would prevail if he the employer complied with the standard. The rule or order issued shall must prescribe the conditions the employer shall must maintain and the practices, means, methods, operations, and processes which he shall that the employer must adopt and utilize to the extent they differ from the standard in question. The department may modify or revoke a rule or the order may be modified or revoked upon application by an employer, employees, their representatives, or by the appropriate department on its own motion under this subsection at any time after 6 months from its issuance.after the date the rule or order is issued if 1 of the following applies:

(a) The employer, employees, or representative of the employees requests that the rule be modified or rescinded.

(b) The department makes its own motion to modify or rescind the rule or order.

Sec. 28. (1) An employee or employee representative , who believes that a violation of a standard exists that threatens physical harm to an employee , may request an inspection by giving written notice of the condition to the appropriate department. The notice shall set forth must, with reasonable detail, state the grounds for the request and shall be signed by the employee or employee representative giving the notice. Upon On receipt of a complaint, and if the department determines there are reasonable grounds for the complaint, the department shall conduct an inspection. A copy of the request shall must be provided to the employer or the employer's agent not later than the time of the inspection. Upon On the request of the person giving the notice, his or her the person's name and the names of employees referred to in the notice shall must not appear in the copy or on a record which that is published, released, or made available. If the department determines that there are not reasonable grounds to believe that an inspection should be conducted, it the department shall notify, in writing, the complainant of its the department's determination.

(2) If an employee or employee representative believes that a condition exists which that may present an imminent danger to a person, the employee or employee representative may notify either the department of labor or the department of public health in the most expedient manner without regard to a written notice. Upon On notification of an alleged imminent danger, the department shall cause an immediate inspection to be made or take other action that it the department finds necessary to abate the danger.

(3) Before or during an inspection of a place of employment, an employee , or a representative of employees , may notify the department representative responsible for conducting the inspection, in writing, of a violation of this act or of a rule promulgated under this act , which that the employee or employee representative believes exists in the place of employment. If the department determines, after an inspection or investigation conducted upon based on a written notification from an employee or employee representative of an alleged violation, that there are not reasonable grounds to believe that the alleged violation exists, it the department shall notify, in writing, the complainant and the employer of its determination. Upon On the request of the person giving the notice, that the person's name and the names of employees referred to in the notice shall must not appear in the copy or on a record which that is published, released, or made available to the employer or any other person.another person.

(4) The department of labor and the department of public health shall establish procedures for informal review of any a decision resulting that results from a request or notice, made under this section, to inspect for an alleged violation. The appropriate department shall furnish the employees or representative of the employees requesting a review a written statement of the final disposition of the notice or complaint and reasons for the disposition.

(5) An employee or the representative of the employee shall must be afforded an opportunity, with or without compensation, to attend all meetings between the department of labor or the department of public health and an employer relative to that the department's decision concerning a citation, abatement period, or proposed penalty.

Sec. 29. (1) To implement this act, a department representative, upon after presenting appropriate credentials, may enter without delay, and at reasonable times, a place of employment to physically inspect or investigate conditions of employment and all pertinent conditions, equipment, and materials in the place of employment, and to question privately the employer, owner, operator, agent, or an employee with respect to safety or health. The department representative shall conduct the inspection or investigation shall be conducted without unreasonably disrupting the employer's operations.

(2) If permission to enter a place of employment is denied, the department may apply to the proper judicial officer for a warrant commanding the sheriff or a peace officer to aid the department in the conduct of an inspection or investigation to determine if there is a violation of this act or a rule promulgated under this act.

(3) In the conduct of inspections and investigations, the appropriate department may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall must be paid the same fees and mileage that are paid witnesses in the circuit courts. In case of If there is a contumacy, failure, or a refusal of a person to obey an order, the circuit court within the jurisdiction of which the investigation is conducted, or where the person is found or resides or transacts business, or the circuit court for the county of Ingham County, upon on application of the appropriate department, may issue an order requiring that requires the person to appear and produce evidence or give testimony relating to the matter under investigation or in question. , and a A failure to obey the order of the court may be punished as a contempt.

(4) A representative of the employer and a representative authorized by the employees shall must be given the opportunity to accompany the department representative during the inspection or investigation of a place of employment to aid the inspection or investigation, subject to rules promulgated by the department. In case of If there is a controversy, the department representative, at the time he or she when the department representative goes into an establishment, shall determine who may walk around as employer and employee representatives. If a representative authorized by the employee does not participate, the department representative shall consult with a reasonable number of employees concerning matters of safety or health in the place of employment. The department representative may deny the right of accompaniment may be denied by the department representative to a person whose conduct interferes with a fair and orderly inspection or investigation.

(5) In conducting or preparing to conduct an inspection or investigation, advance notice of the inspection or investigation shall must not be given except in each of the following situations:

(a) In cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible.

(b) In circumstances where the inspection most effectively can be conducted after regular business hours or where special preparations are necessary for an inspection.

(c) If necessary to assure ensure the presence of representatives of the employer and employees , or the appropriate personnel needed to aid in the inspection.

(d) In other circumstances where the department determines that the giving of advance notice would enhance the probability of an effective and thorough inspection.

(6) Advance notice in any of the situations a situation described in subsection (5) shall must not be given more than 24 hours before the inspection or investigation is scheduled to be conducted, except in apparent imminent danger situations and in other unusual circumstances.

(7) During the conduct of an inspection or an investigation, the department representative may conduct tests and gather samples of materials and substances as that are necessary to aid in the evaluation of the place of employment. In implementing this subsection, the confidentiality of trade secrets shall must be protected as prescribed in this act.

(8) Subject to rules promulgated by the departments, department, following the completion of an inspection or investigation, an opportunity for a conference shall must be afforded the employer, ; the employee or employee representative of the employee, ; and, if a joint conference is requested, the employer and the employee or employee representative if a joint conference is requested.of the employee.

(9) In the performance of duties in the administration and enforcement of this act, a department representative or an employee of the appropriate department shall is not be personally liable for damages sustained by an action on his or her the representative's or employee's part, except for wanton and wilful willful negligence.

(10) An employee or the authorized representative of an employee who participates in an inspection or investigation, as provided in subsection (4), or the conference provided in subsection (8), as provided in this section, or the rules promulgated under this section, shall must not suffer a loss of wages or fringe benefits, or be discriminated against in any manner, for time spent participating in the inspection, investigation, or conference. An employee or the authorized representative of an employee who suffers a loss of wages or fringe benefits, or is discriminated against in any manner, for participation in an inspection, investigation, or conference, may file a discrimination complaint with the department, and the department of labor may order appropriate relief , as provided in section 65. As used in this subsection and section 31(2), "wages and fringe benefits" means those terms as defined in section 1 of Act No. 390 of the Public Acts of 1978, being section 408.471 of the Michigan Compiled Laws.1978 PA 390, MCL 408.471.

Sec. 30. (1) The department of labor shall provide a full-time safety and health inspector at the site where a tunnel, shaft, caisson, or cofferdam is constructed or repaired under pressurized conditions. The Both of the following apply to an inspector shall:described in this subsection:

(a) The inspector must meet all of the following requirements:

(i) (a) Have training and experience in, and knowledge of, pressurized tunnel construction.

(ii) (b) Have training and experience in, and an understanding of, ventilation systems.

(iii) (c) Have training and experience in, and knowledge of, the safety and health standards relating to pressurized tunnel construction.

(b) The inspector shall do all of the following:

(i) (d) Maintain a complete and detailed log of construction activity.

(ii) (e) Test, monitor, and record the air quality in all work areas and unoccupied areas of the completed work.

(iii) (f) Report immediately to the employer and affected employees the existence of an imminent danger or serious violation.

(iv) (g) Conduct investigations and enforce this act and rules promulgated and orders issued under this act.

(2) The contracting party for whom a tunnel is constructed or repaired under pressurized conditions shall pay the cost of the safety and health inspector's wages and fringe benefits. The cost shall must be paid to the department of labor to the credit of the general fund. of the state. The department of labor shall advise contracting parties, upon on request, and publish regularly the regular and overtime rates for the a safety and health inspector required by this section.

(3) If the tunnel construction activity exceeds 60 hours per week, the department shall provide a full-time safety and health inspector for each 60 hours of tunnel construction activity or portion thereof.of tunnel construction activity.

(4) This section shall does not diminish the an employer's responsibility under this act.

Sec. 31. (1) When and as soon as a department representative determines that an imminent danger exists in a place of employment, the department representative shall inform the employer and the affected employees of a determination of the imminent danger. The department representative immediately shall recommend to the director that an order be issued to require that steps be taken as may be necessary to avoid, correct, or remove the imminent danger. After receiving authorization for the issuance of an order from the director, the department representative shall apply a tag to the equipment or process that is the source of the imminent danger identifying that an imminent danger exists. The tag shall be removed only by Only the department representative may remove the tag. At the request of the employer, an area supervisor shall, within not later than 24 hours after a request, make an on site on-site review of any tagging and recommend continuance or removal. The order shall must prohibit the employment or presence of an individual in locations or under conditions where imminent danger exists, except individuals whose presence is necessary to avoid, correct, or remove the imminent danger in a safe and orderly manner. In tagging the equipment or process that is the source of imminent danger and in issuing the order, consideration shall must be given to any the necessity to maintain the capacity of a continuous process operation and to the reestablishment of normal operations without a complete cessation of operations.

(2) An employer shall not permit an employee, other than an employee whose presence is necessary to avoid, correct, or remove the imminent danger, to operate equipment or engage in a process that has been tagged by the department and that is the subject of an order issued by the department identifying that an imminent danger exists. An employee who suffers a loss of wages or fringe benefits or is in any manner discriminated against for refusing to operate equipment or engage in a process that has been tagged by the department and that is the subject of an order issued by the department, as provided in this section, may file a discrimination complaint , with the department and the department of licensing and regulatory affairs may order appropriate relief as provided in section 65. This section does not prohibit an employer from assigning an employee to an operation not affected by the imminent danger situation, subject to any a collective bargaining agreement.

(3) Upon failure of the If the employer to does not promptly comply with a department order , as described in subsection (1), the department shall petition the circuit court having that has jurisdiction to restrain a condition or practice in a place of employment that the department has determined to cause the imminent danger.

(4) If the department arbitrarily or capriciously fails to seek relief under this section, an employee who may be injured by reason of the failure, or the representative of those employees, may bring action against the department in the circuit court having that has jurisdiction for a writ of mandamus to compel the department to seek an order and for further relief, as may be appropriate.

(5) The department of licensing and regulatory affairs shall respond within not later than 24 hours after receipt of an imminent danger complaint concerning an unknown and unlabeled container of chemicals or an imminent danger complaint concerning a container of hazardous chemicals that is not labeled or for which a safety data sheet is not available as required by the standard incorporated by reference in section 14a and by sections 14b to 14l.

(6) Before a department representative seeks authorization to issue an order pursuant to the procedures prescribed in under subsection (1), an employer shall must be given a reasonable opportunity to identify, label, or provide the safety data sheet for the container that is the subject of the imminent danger determination.

Sec. 33. (1) If, as the result of an inspection or investigation, the department representative believes that an employer has violated this act, an order issued pursuant to this act, or a rule or standard promulgated pursuant to this act, he or she the department representative shall issue a citation immediately or within not later than 90 days after the completion of the conference for the physical inspection or investigation described in section 29(8). The citation shall must be in writing and shall must describe with particularity the nature of the violation, including a reference to the provision of this act , or an order issued or a rule or standard promulgated pursuant to under this act, alleged to have been violated. The citation shall must state a reasonable time by which the violation is to be abated. The citation shall must state on its face that it is an allegation of a violation. The date shall must be set with due regard to the seriousness of the hazard and the difficulty of abating it. The citation and the proposed penalty, if any, may be presented to and shall, must, in each case, be sent by registered certified mail to the employer, and a copy shall must be filed at the time of issuance with the appropriate department.

(2) The employer shall post a copy of the citation at or near the place of the violation, and the citation copy shall must remain posted at that site until compliance is achieved or for 3 working days, whichever is later.

(3) The employer upon on whom a citation is served shall notify the appropriate department of compliance with this act, an order issued pursuant to under this act, or a rule or standard promulgated pursuant to under this act.

(4) If an employer fails to correct a violation for which a citation was issued within the period permitted for its correction, the department shall notify the employer by registered certified mail of that failure and of the penalty proposed to be assessed under section 35 for the failure.

(5) If it is determined upon the department determines, after conducting an inspection or investigation, that a violation of this act, an order issued pursuant to this act, or a rule or standard promulgated pursuant to this act exists, but that the conditions that constitute the violation have no direct or immediate relationship to the safety or health of workers, the department may issue a notice in place of a citation. A notice issued under this subsection shall must be referred to as a "de minimis notice of violation". The employer shall post a copy of the de minimis notice of violation at or near the place of violation for 3 working days. The department shall promulgate all necessary rules for administering the de minimis notice of violation.

(6) A The department shall vacate a citation for an alleged violation of this act, an order issued pursuant to this act, or a rule or standard promulgated pursuant to this act shall be vacated if it is shown that the employer has provided the equipment or training, educated employees regarding use of the equipment or implementation of the training, and taken reasonable steps including, where if appropriate, disciplinary action to assure ensure that employees utilize the equipment and comply with the training as referenced in this section.

Sec. 35. (1) If an employer 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, the board shall assess the employer a civil penalty of not more than $7,000.00 the equivalent federal penalty as the equivalent federal penalty existed on the effective date of the amendatory act that added subsection (12) or the penalty established under subsection (11), as applicable, for each violation.

(2) If an employer fails to correct a violation for which a citation was issued within the period permitted for its correction, the board may assess the employer a civil penalty of not more than $7,000.00 the equivalent federal penalty as the equivalent federal penalty existed on the effective date of the amendatory act that added subsection (12) or the penalty established under subsection (11), as applicable, 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 the board is initiated by the employer in good faith and not solely for to delay or avoidance of avoid a penalty.

(3) If an employer 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, the board may assess the employer a civil penalty of not more than $7,000.00 the equivalent federal penalty as the equivalent federal penalty existed on the effective date of the amendatory act that added subsection (12) or the penalty established under subsection (11), as applicable, for each violation that is specifically determined not to be of a serious nature.

(4) If an employer willfully or repeatedly violates this act, an order issued pursuant to this act, or a rule or standard promulgated under this act, the board may assess the employer a civil penalty of not more than $70,000.00 for each violation, but not less than $5,000.00 the equivalent federal penalty as the equivalent federal penalty existed on the effective date of the amendatory act that added subsection (12) or the penalty established under subsection (11), as applicable, for each willful or repeated violation. As used in this subsection:

(a) "Case closing date", with respect to an asbestos-related violation, means the first date that all of the following conditions are met:

(i) The citation for the violation is a final order.

(ii) Satisfactory abatement documentation for the violation is received by the board.

(iii) All civil penalties related to the violation are timely paid, or the department of labor and economic opportunity complies with section 36(6).

(b) "Repeatedly violates", with respect to an asbestos-related violation, means commits an asbestos related violation not later than 5 years after the case closing date of an asbestos-related violation.

(5) If an employer willfully violates this act, an order issued pursuant to this act, or a rule or standard promulgated under this act and the violation causes the death of an employee, the employer is guilty of a felony punishable by imprisonment for not more than 1 year, a fine of not more than $10,000.00, or both. A second and any subsequent violation under this subsection is punishable by imprisonment for not more than 3 years, a fine of $20,000.00, or both.

(6) If an employer violates a posting requirement prescribed under this act, the board shall assess the employer a civil penalty of not more than $7,000.00 the equivalent federal penalty as the equivalent federal penalty existed on the effective date of the amendatory act that added subsection (12) or the penalty established under subsection (11), as applicable, for each violation.

(7) If a person 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 fails to maintain or transmit a record or report as required under section 61, the person is guilty of a misdemeanor punishable by imprisonment for not more than 6 months, a fine of not more than $10,000.00, or both.

(8) If a person 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, the person is guilty of a misdemeanor punishable by imprisonment for not more than 6 months, a fine of not more than $1,000.00, or both.

(9) For a public employer, the department, of labor and economic opportunity, 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 shall not assault a department representative or other person charged with enforcement of this act in the performance of that person's legal duty to enforce this act. A person who violates this subsection is guilty of a misdemeanor. A prosecuting attorney having jurisdiction of the matter or the attorney general may prosecute the violator.

(11) Beginning on the effective date of the amendatory act that added subsection (12), the director shall, not later than 10 working days after the date that a federal penalty is changed, initiate the processing of an administrative rule that changes a penalty under this section to be equal to the equivalent federal penalty.

(12) As used in this section:

(a) "Equivalent federal penalty" means the federal penalty for the federal violation that is the equivalent of or most equivalent to a violation of this act or a rule or standard promulgated under this act.

(b) "Federal penalty" means the penalty for a federal violation.

(c) "Federal violation" means a violation of either of the following:

(i) The occupational safety and health act of 1970, Public Law 91-596.

(ii) An occupational safety and health standard adopted or promulgated by the United States Department of Labor under the occupational safety and health act of 1970, Public Law 91-596.

Sec. 36. (1) The board shall assess civil penalties, considering the size of the business, the seriousness of the violation, the good-faith efforts of the employer, and the history of previous citations, and may establish a schedule of civil penalties. Subject to subsection (2), for a civil penalty that was assessed as the result of an asbestos-related violation, the board shall not reduce the civil penalty by more than a total of 95% or by more than the corresponding percentage for each of the following:

(a) In considering the size of the business, 70%.

(b) In considering the good-faith efforts of the employer, 25%.

(c) In considering the history of previous citations, 10%.

(2) The board may issue an order for a reduction of a civil penalty if the order is consistent with a dismissal or reclassification of an asbestos-related violation included in a hearing officer's report submitted to the board following an administrative hearing held under section 42 or 44. For an asbestos-related violation that has been reclassified by a hearing officer, the board shall not reduce the civil penalty that corresponds to the reclassified violation by more than is prescribed under subsection (1).

(3) The department of labor and economic opportunity shall administer and enforce the assessment of civil penalties in a manner that is consistent with the administration and enforcement of civil penalties by the federal Occupational Safety and Health Administration.

(4) A civil penalty owed under this act must be paid to the department of labor and economic opportunity not later than 15 working days after the date the penalty becomes a final order of the board, not subject to further agency or judicial review. A civil penalty must be credited to the state general fund.

(5) If a civil penalty remains unpaid beyond the period of time specified in subsection (4), the department of labor and economic opportunity shall issue a letter to the employer demanding that demands the employer to, not later than 20 days after the date of the letter, make the payment. not later than 20 days after the date of the letter.

(6) If the penalty remains unpaid following the period specified in subsection (5), the department of labor and economic opportunity shall transmit information on the amount of the penalty and the name and address of the employer owing the penalty to the department of treasury.

(7) The department of treasury shall institute proceedings to collect the amount assessed as a civil penalty. The department of treasury shall offset the amount of the penalty against money owed by the this state to the employer. The department of treasury shall request that the attorney general recover the amount of the penalty remaining unpaid, after offsets, by instituting a civil action in the circuit court for the county in which the violation occurred or in the circuit court for the county in which the employer owing that owes the penalty has its principal place of business.

Sec. 37. The department shall turn over evidence of a criminal violation of this act to the department attorney general and shall assist in the investigation of a criminal violation.

Sec. 41. Within Not later than 15 working days after receipt of a citation and proposed penalty, if any, an employer may petition the appropriate department for a grant of additional time for compliance, modification, or dismissal of the citation and a proposed penalty. Within Not later than 15 working days after the employer has received a citation, an employee or employee representative may petition the department of labor or the department of public health, whichever is appropriate, alleging the period of time fixed in the citation for the abatement of the violation is unreasonable. When If a petition is submitted to the department by the employer, the employer shall transmit a copy immediately to the affected employees or the employee representative. When If a petition is submitted to the department by an employee or employee representative, the department shall submit a copy of the petition immediately to the employer after deleting the name of the employee or employee representative, if so requested by the employee or employee representative. If the employer, employee, or employee representative does not petition the department within not later than the 15 working days after receipt of the citation and proposed penalty, if any, the citation or proposed penalty shall be is considered a final order of the board. Upon On receipt of a petition, the department of public health or the department of labor, whichever is appropriate, may modify the time schedule for compliance, modify the citation, dismiss the citation, or dismiss or modify any a proposed penalty. The appropriate department shall notify the employer of its decision within not later than 15 working days after receipt of the petition. If the department meets with the employer regarding the employer's petition, the department shall notify the employee or employee representative that a meeting will be held and allow the attendance of the employee or employee representative. The employer shall promptly post the notice of the department's decision together with and the appropriate citation. The decision of the department of labor or the department of public health shall become becomes final 15 working days after receipt of the decision. Within Not later than 15 working days after receipt of the department of labor's or the department of public health's decision, department's decision, an employer may appeal the decision to the board. Within Not later than 15 working days after the employer has received receives the decision of the director, of labor or the director of public health, whichever is appropriate, an employee or employee representative may appeal the decision to the board with respect to the violation abatement period, classification of citation, or proposed penalty.

Sec. 45. If an employer fails to does not comply with a final order of the board, the department may issue an order directing the employer to cease operating or render inoperable, in accordance with the order of the department, so much of his the employer's operation as is necessary to eliminate the hazard which that is the subject of the order. When If a cease operation order is not appropriate or not obeyed, the department shall refer the matter to the department attorney general. who The attorney general shall promptly institute proceedings in the circuit court for the county in which the violation exists to enforce the department's orders.

Sec. 46. (1) A board of health and safety compliance and appeals is created within the department. of labor. The board of health and safety compliance and appeals consists of 7 members appointed by the governor by and with the advice and consent of the senate for terms of 4 years or until their successors are a member's successor is appointed and qualified. Of the members first appointed 2 shall must be appointed for 1 year, 2 shall must be appointed for 2 years, 2 shall must be appointed for 3 years, and 1 shall must be appointed for 4 years. The first chairman chairperson of the board of health and safety compliance and appeals shall have has a 4-year term. Vacancies shall must be filled in the same manner as the original appointments except that a vacancy occurring that occurs during a term of office shall must be filled by appointment for the unexpired term. Of those appointed to the The board of health and safety compliance and appeals:must consist of the following members:

(a) Three shall that represent labor and, shall, individually or jointly, represent each of the following areas in which they shall must be actively engaged: (i) general industry; (ii) construction; and (iii) health.

(i) General industry.

(ii) Construction.

(iii) Health.

(b) Three shall that represent management and shall, that, individually or jointly, represent each of the following areas in which they shall must be actively engaged: (i) general industry; (ii) construction; and (iii) health.

(i) General industry.

(ii) Construction.

(iii) Health.

(c) One shall represent that represents the general public and serve that serves as chairman.the chairperson.

(2) The board's authority shall apply applies to all safety and health citations, orders, and appeals.

(3) The board shall meet as necessary to discharge its duties under this act and shall hold regular quarterly meetings. in Lansing. Interim meetings may be called at any time by the chairman, chairperson, the director, of labor, the director of public health, or by 4 or more members thereof. of the board. A majority of the members of the board constitutes a quorum and official action can be taken only on the affirmative vote of a majority of the members. The legislature shall, annually, establish the per diem compensation of the board and the schedule for reimbursement of expenses. shall be established annually by the legislature.

(4) The board may order testimony to be taken at a hearing or by deposition in proceedings pending before it the board at any stage of the proceedings. A person may be compelled to appear and depose, and to produce books, papers, or documents in a proceeding under consideration by the board. Witnesses ordered to appear in any a proceeding pending before the board or whose depositions are taken under this subsection , and the person taking the depositions shall be are entitled to the same fees as paid for like services in circuit court.

(5) The board shall promulgate rules of procedure for the conduct of hearings or in response to appeals. which The rules shall provide for must require a hearing officer to make a determination upon on a proceeding before the board.

(6) In construing or applying any a state occupational safety or health standard which is identical to a federal occupational safety and health standard promulgated pursuant to 29 U.S.C. section 651 et seq., under 29 USC 651 to 678, the board shall construe and apply the state standard in a manner which that is consistent with any a federal construction or application by the occupational safety and health review commission created pursuant to 29 U.S.C. section 661.under 29 USC 661.

Sec. 52. (1) The department attorney general shall represent the department of labor, the department of public health, and the board and commissions established under this act in any litigation under this act.

(2) The board shall not be considered to be a party in a judicial review proceeding brought pursuant to under this act.

Sec. 54. (1) A safety consultation education and training division is created within the department. of licensing and regulatory affairs.

(2) The functions of the safety consultation education and training division shall include all of the following:

(a) The development and application of a statewide safety consultation education and training program to familiarize employers, supervisors, employees, and union leaders with techniques of accident investigation and prevention.

(b) The development and utilization of consultative educational techniques to achieve long-range solutions to occupational safety problems.

(c) The development of training programs for the department safety compliance staff.

(d) The acquisition, development, and distribution of occupational safety pamphlets, booklets, brochures, and other appropriate safety media as may be useful to accomplish the objectives of the safety consultation education and training division.

(e) The conduct of other activities as necessary for the implementation of an effective safety consultation education and training program.

(f) The development and administration of a program for employers, with special emphasis on small business employers, providing technical and educational assistance.

(g) The development and implementation of a training and education program for department staff engaged in the administration and enforcement of this act.

(3) The department shall publish a newsletter at least quarterly.

(4) When If the director promulgates a standard or a rule or issues an order, the director shall include a brief statement shall be included indicating that indicates the reasons for the action. , which shall be published The director shall include the statement in the newsletter published under subsection (3).

Sec. 55. (1) A safety consultation education and training fund is created. Except as provided in subsection (2), (3), the fund shall must be used to accomplish the objectives outlined described in sections 54 and 56. The state treasurer shall be is custodian of the fund and may invest the surplus of the fund in investments as that, in the state treasurer's judgment, are in the best interest of the this state. Earnings from those investments shall must be credited to the fund. The state treasurer shall notify the director of labor, the director of public health, and the legislature of interest credited and the balance of the safety education and training fund as of December 31 of each year.

(2) On October 1, 1991, $2,300,000.00 is transferred from the safety education and training fund to the state general fund for the operation of the programs specified in this act.

(2) (3) The director of labor shall supervise and administer the fund. Except as provided in this section, the director shall annually assess a levy based on the total annual worker's disability compensation losses, excluding medical payments, paid in the immediately preceding calendar year by employers under the worker's disability compensation act of 1969, Act No. 317 of the Public Acts of 1969, as amended, being sections 1969 PA 317, MCL 418.101 to 418.941. of the Michigan Compiled Laws. Except as provided in this section, each year the director shall assess upon and collect from each carrier and self-insured employer a sum equal to that proportion of 50% of the current fiscal year appropriation of safety consultation education and training funds which that the total worker's disability compensation benefits, exclusive of medical payments, paid by each carrier or each self-insured employer bears to the total of the compensation benefits paid by all carriers and self-insured employers during the immediately preceding calendar year. However, the total amount levied annually shall must not exceed 3/4 of 1% 0.75% of the total of the compensation benefits paid by all carriers and self-insured employers during the immediately preceding calendar year. Funds that are unexpended at the end of each fiscal year shall must be returned to the safety education and training fund.

(3) (4) If, at any time during the fiscal year in which the assessment required by subsection (3) (2) is made, the balance of money in the safety education and training fund is less than $1,500,000.00, the assessment shall must equal the total fiscal year appropriation of safety consultation education and training funds.

(4) (5) Notice The director shall send notice of the assessments shall be sent by the director of labor by mail to each carrier. Payment of assessments shall must be received in the principal office of the department of labor before a date specified uniformly in the notice, but not less than 90 days after the date of mailing.

(5) (6) The levy assessments shall constitute are an element of loss for the purpose of establishing rates for worker's disability compensation insurance. Funds derived from this levy shall must be deposited in the safety consultation education and training fund and shall must be appropriated by the legislature for the operation of this program.

(6) (7) To enable full and complete legislative review of the assessment process, the department, of labor, not later than September 30 of each year, shall submit to the regulatory subcommittees of the house of representatives and senate appropriations committees and the house of representatives and senate committees that consider labor matters a written report on the status of the safety consultation education and training assessment required by this section. The report shall must include, but is not limited to, information on the amount of the assessment, the percentage of the assessment as compared to losses, an explanation of all expenditures from the safety education and training fund, and the balance of money in the safety education and training fund.

Sec. 56. The department of public health shall conduct an occupational health education and training program with employees and employers for the prevention of occupational health hazards, to achieve long-range solutions to occupational health problems, and to train persons in the recognition and control of occupational health hazards.

Sec. 63. (1) Information reported to or otherwise obtained by the department of licensing and regulatory affairs in connection with an inspection, investigation, or proceeding under this act that contains or that might reveal a trade secret, including information required to be made available under sections 14a through to 14l and section 24(5) and (6) shall be is considered confidential. In a proceeding under this act, the director shall promulgate rules for the purpose of protecting trade secrets regarding information required to be made available under sections 14a through to 14l and section 24(5) and (6), and the department, the board, or the court shall issue orders as may be appropriate to protect the confidentiality of trade secrets and to carry out the objectives of this act.

(2) Except as otherwise provided by this subsection, and subsection (1), information reported to or otherwise obtained by a department from an employee in connection with an inspection, investigation, or proceeding under this act shall must be made available to the public pursuant to in accordance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The All of the following are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246:

(a) The information described in subsection (1).

(b) The identity of an employee, or any information that may lead to the identification of an employee, who provides information pertaining to a possible violation or violations of this act. is exempt from disclosure.

(c) Reports that the department creates and information reported to or otherwise obtained by the department regarding an employer's request for consultation from the department. As used in this subdivision, "consultation" means that term as defined in 29 CFR 1908.2.

Sec. 65. (1) A person shall not discharge an employee or in any manner discriminate against an employee because the employee filed a complaint, or instituted or caused to be instituted a proceeding under or regulated by this act, or has testified or is about to testify in such a proceeding regulated by this act, or because of the exercise by the employee exercises a right afforded by this act on behalf of himself or herself the employee or others of a right afforded by this act.another person.

(2) An If an employee who believes that he or she the employee was discharged or otherwise discriminated against by a person in violation of this section, the employee may, not later than 30 days after the date of the alleged violation, file a complaint with the department of labor alleging the discrimination. within 30 days after the violation occurs. Upon On receipt of the complaint, the department of labor shall cause an investigation to be made investigate the complaint as it the department considers appropriate. If, upon the investigation, After the investigation, if the department determines that this section was violated, the department shall order all appropriate relief, including rehiring the rehire or reinstatement of an employee to his or her the employee's former position with back pay.

(3) The director, of labor, within not later than 90 days after the receipt of a complaint filed under this section, shall notify the complainant of the determination under subsection (2).

(4) The employer or employee may, not later than 15 working days after the notification is issued, request a review of the department's determination within 15 working days after notification is issued. in accordance with the procedures prescribed in the notification. If the department does not receive a request for a review by either the employer or employee is not received by the department within 15 working days, in the absence of in this time period, absent a showing of good cause for a late request, the department's determination is final. The employee, employer, and the department shall must be parties to a proceeding before a hearings officer brought pursuant to this section.

(5) The director shall appoint hearings officers to make determinations in proceedings brought pursuant to under this section. All proceedings in a hearing shall must be conducted pursuant to in accordance with the procedures applicable to the trial of contested cases under Act No. 306 of the Public Acts of 1969, as amended. the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The hearings officer shall affirm, modify, or rescind the order of the department and may order an employer who violates this section to pay attorney costs, hearing costs, and transcript costs. The hearings officer shall issue a determination which constitutes a final disposition of the proceedings to each party within not later than 30 working days after the conclusion of the hearing. The determination of the hearings officer shall become is the final disposition of the proceedings and becomes the final agency order upon on receipt by the parties.

(6) A party to the proceeding may, not later than 60 days after receipt of the determination of the hearings officer, obtain judicial review within 60 days after receipt of the determination of the hearings officer pursuant to Act No. 306 of the Public Acts of 1969, as amended. of the determination as provided for in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Venue for an appeal under this act shall be is only in the circuit where the employee is a resident, where the employment occurred, or where the employer has a principal place of business.

(7) In absence of an appeal by an employer who has not complied with the determination of the hearings officer, the director of labor shall initiate, in the county where the violation occurred, in the county of Ingham County, or in the county where the employer has its principal office, the civil action necessary to enforce an order of the department which that has become a final agency order as prescribed in this act.

(8) For the purpose of an investigation or proceeding under this section, the director of labor or an authorized representative of the director may administer oaths and affirmations, subpoena witnesses, compel their a witness's attendance, take evidence, and require the production of records or other documents which that the department considers relevant or material to the inquiry.

Sec. 91. Any A proceeding pending before the department of labor or the department of health shall must be continued, and be conducted, and determined by the appropriate department in accordance with according to the statutes governing the proceedings.

Enacting section 1. Section 1035a of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1035a, is repealed.