HOUSE BILL NO. 4437

May 06, 2025, Introduced by Reps. B. Carter, Weiss, McFall, Rheingans, Morgan, Pohutsky, T. Carter, Hoskins, Price, Wilson, Martus, Brixie, Hope, Foreman, Breen, Rogers, Longjohn, Young, Wegela, McKinney, Skaggs, Wooden, Andrews, Mentzer, Paiz and Miller and referred to Committee on Economic Competitiveness.

"Michigan occupational safety and health act,"

by amending section 35 (MCL 408.1035), as amended by 2024 PA 17.

the people of the state of michigan enact:

Sec. 35. (1) If an employer receives a citation for a serious violation of this act, an order issued pursuant to in accordance with 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 in accordance with 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 in accordance with 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 that is equal to 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 in accordance with 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.

(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.

Enacting section 1. This amendatory act takes effect October 1, 2025.