Labor: health and safety; revisions to the occupational safety and health act; provide for. Amends title & secs. 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 & 91 of 1974 PA 154 (MCL 408.1004 et seq.) & repeals sec. 1035a of 1974 PA 154 (MCL 408.1035a).

SB-49, As Passed Senate, June 23, 2026

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SENATE BILL NO. 49

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
February 04, 2025, Introduced by Senators CHERRY, KLINEFELT, SHINK, GEISS,
CAVANAGH, BAYER and CHANG and referred to Committee on Labor.
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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 1
An act to prescribe and regulate working conditions; to 2
prescribe the duties of employers and employees as to places and 3
conditions of employment; to create certain boards, commissions, 4
committees, and divisions relative to occupational and construction 5
health and safety; to prescribe their the powers and duties and 6
powers and duties of the department of labor and department of 7
public health; to prescribe certain powers and duties of the 8
directors of the departments of labor, public health, and 9
agriculture; of certain state and local governmental officers and 10
entities; to impose an annual levy to provide revenue for the 11
safety education and training division; certain purposes related to 12
occupational safety and health; to provide remedies and penalties; 13
to repeal certain acts and parts of acts; and to repeal certain 14
acts and parts of act acts on specific dates. 15
Sec. 4. (1) "Attorney general" means the attorney general or 16
the attorney general's designee. 17
(2) "Agricultural operations" means the work activity 18
designated in major groups 01 and 02 of the Standard Industrial 19
Classification Manual, United States Bureau of the Budget, 1972 20
edition. subsectors 111 and 112 of the North American Industry 21
Classification System, United States, 2022. Agricultural operations 22
include any practices includes a practice performed by a farmer or 23
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on a farm as an incident to or in conjunction with farming 1
operations including preparation for market or delivery to storage 2
or market or to carriers for transportation to market. 3
(3) (2) "Asbestos" means a group of naturally occurring 4
minerals that separate into fibers, including chrysotile, amosite, 5
crocidolite, anthophyllite, tremolite, and actinolite. 6
(4) (3) "Asbestos-related violation" means a violation of this 7
act, an order issued under in accordance with this act, or a rule 8
or standard promulgated under this act that involves the 9
demolition, renovation, encapsulation, removal, or handling of 10
friable asbestos material or otherwise involves the exposure of an 11
individual to friable asbestos material. 12
(5) (4) "Authorized employee representative" or 13
"representative of employee" "representative of employees" means a 14
any of the following, as applicable: 15
(a) A person designated by a labor organization certified by 16
the National Labor Relations Board or the employment relations 17
commission created under section 3 of 1939 PA 176, MCL 423.3, as 18
the bargaining representative for the affected employees. In the 19
absence of certification, it shall be a 20
(b) If subdivision (a) does not apply, a person designated by 21
the organization having a collective bargaining relationship with 22
the employer and designated as having a collective bargaining 23
relationship with the employer by the affected employees. 24
(c) If a labor organization has subdivisions (a) and (b) do 25
not been certified, or if no organization has a collective 26
bargaining relationship with the employer, "authorized employee 27
representative" or "representative of employee" means apply, a 28
person designated by the affected employees to represent them for 29
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the purpose of proceedings under this act. 1
(6) (5) "Board" means the board of health and safety 2
compliance and appeals created in section 46. 3
(7) (6) "Construction operations" means the work activity 4
designated in major groups 15, 16, and 17 of the Standard 5
Industrial Classification Manual, United States Bureau of the 6
Budget, 1972 edition.sector 23 of the North American Industry 7
Classification System, United States, 2022. 8
(8) "Department" means, unless the context requires a 9
different meaning, the department of labor and economic 10
opportunity. 11
(9) (7) "Director" means, unless the context requires a 12
different meaning, the director of the department of labor and 13
economic opportunity.or the director's designee. 14
(8) "Department attorney" means the attorney general or the 15
authorized representative of the attorney general. 16
(10) (9) "Domestic employment" means that employment involving 17
that involves an employee specifically employed by a householder to 18
engage in work or an activity relating that relates to the 19
operation of a household and its surroundings, whether or not the 20
employee resides in the household. 21
(11) (10) "Friable asbestos material" means any material that 22
contains more than 1% asbestos by weight and that can be, by hand 23
pressure, crumbled, pulverized, or reduced to powder when dry. 24
(12) (11) "Mines", except as provided in subsection (12), 25
(13), means all of the following: 26
(a) An area of land from which minerals are extracted in 27
nonliquid form, or if in liquid form, are extracted with workers 28
underground. 29
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(b) Private ways and roads appurtenant to an area of land 1
described in subdivision (a). 2
(c) Lands, excavations, underground passageways, shafts, 3
slopes, tunnels and workings, structures, facilities, equipment, 4
machines, tools, or other property, including impoundments, 5
retention dams, and tailings ponds, on the surface or underground, 6
used in, or to be used in, or resulting from, the work of 7
extracting minerals from their the mineral's natural deposits in 8
nonliquid form, or if in liquid form, with workers underground, or 9
used in, or to be used in, the milling of minerals, or the work of 10
preparing coal or other minerals, and includes custom coal 11
preparation facilities. 12
(13) (12) "Mines" does not include industrial borrow pits, or 13
sand, gravel, or crushed and dimension stone quarrying operations, 14
or surface construction operations. 15
Sec. 13. (1) The department of labor shall administer and 16
enforce the provisions of this act. relative to occupational 17
safety. 18
(2) The department of public health shall administer and 19
enforce the provisions of this act relative to occupational health. 20
(3) The department of labor and department of public health 21
shall report annually by January 31 in writing to the committees on 22
labor and public health of the house of representatives and 23
committees on labor and health, social services and retirement of 24
the senate specifying the provisions of this act where the 25
authority of the departments overlap, and all agreements and 26
administrative procedures to coordinate joint enforcement of the 27
act. Any changes in these agreements or administrative procedures 28
must be reported in writing to the committees on labor and public 29
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health of the house of representatives and committees on labor and 1
health, social services and retirement of the senate within 15 days 2
of the changes. 3
Sec. 14. (1) Except as otherwise provided in subsection (3), 4
the occupational safety and health standards that have been adopted 5
or promulgated by the United States Department of Labor under the 6
occupational safety and health act of 1970, Public Law 91-596, 84 7
Stat 1590, and that are in effect on January 1, 1975 are 8
incorporated by reference and have the same force and effect as a 9
rule promulgated pursuant to under this act. A standard that is 10
incorporated by reference pursuant to under this subsection remains 11
in effect until either of the following conditions occurs: 12
(a) A standard is promulgated pursuant to under this act that 13
covers the same or a similar subject. 14
(b) The standard is rescinded by rule promulgated pursuant to 15
under this act. 16
(2) If a rule or standard that is continued pursuant to under 17
section 24(1) conflicts with or covers the same or similar subject 18
as a standard incorporated by reference pursuant to under 19
subsection (1), the federal standard incorporated by reference 20
governs and the state rule or standard continued pursuant to under 21
section 24(1) shall be is rescinded. 22
(3) If a rule or standard that is continued in effect under 23
this act pursuant to under section 21(1) covers the same subject as 24
a federal standard, subsection (1) does not apply. 25
(4) The department of licensing and regulatory affairs shall 26
make copies of the standards incorporated by reference pursuant to 27
under subsection (1) available to the public at cost. 28
(5) Beginning April 1, 1992, not Not later than 10 working 29
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days after the date that the United States Department of Labor 1
adopts or promulgates an occupational safety and health standard 2
under the occupational safety and health act of 1970, Public Law 3
91-596, 84 Stat 1590, the director shall initiate the processing of 4
an administrative rule that is substantially similar to the federal 5
occupational safety and health standard. The director shall present 6
the proposed administrative rule shall be presented to the joint 7
committee on administrative rules unless the director determines 8
that the federal standard is clearly inconsistent with the criteria 9
set forth in under section 9, 16, 19, or 24. 10
(6) Beginning April 1, 1992, a A proposed administrative rule 11
that would address a matter not addressed by 1 or more federal 12
standards shall must not be processed and presented to the joint 13
committee on administrative rules unless the director determines 14
that there is a clear and convincing need for the standard to meet 15
the criteria set forth, under, as appropriate, in sections 9, 16, 16
19, and 24. The director shall include a statement of the specific 17
facts that establish the clear and convincing need when processing 18
and presenting the administrative rule. The statement shall either 19
must explain the unique characteristics of industry in this state 20
that necessitate the standard or demonstrate that the standard was 21
requested by a broad consensus of union and nonunion employers and 22
employees in the specific industry affected by the standard. 23
(7) The administrative rules described in subsections (5) and 24
(6) shall must be promulgated pursuant to under the administrative 25
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. 26
(8) This section Subsection (6) does not apply to section 14r. 27
Sec. 14a. (1) The occupational safety and health hazard 28
communication standard that has been adopted or promulgated by the 29
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United States department of labor Department of Labor and has been 1
codified at 29 CFR 1910.1200 as of May 25, 2012 is incorporated by 2
reference and has the same force and effect as a rule promulgated 3
under this act. In addition to the standard incorporated by 4
reference in this subsection, sections 14b to 14l apply to an 5
employer subject to this act. The applicability of the standard 6
incorporated by reference in this subsection and of sections 14b to 7
14l is subject to subsections (4), (5), (6), and (7). 8
(2) If a rule or standard that is continued pursuant to under 9
section 24(1) is in conflict with or covers the same or similar 10
subject as a standard incorporated by reference pursuant to under 11
subsection (1), the federal standard so incorporated by reference 12
governs and the state rule or standard continued pursuant to under 13
section 24(1) is rescinded. 14
(3) The department of licensing and regulatory affairs shall 15
administer and enforce the provisions of the standard incorporated 16
by reference in subsection (1) in a manner that is consistent with 17
the administration and enforcement of the standard by the federal 18
occupational safety and health administration. 19
(4) Beginning November 25, 1985, employers who are An employer 20
that is a chemical manufacturers manufacturer in a classification 21
provided by sector 31-33 — manufacturing, sectors 31 to 33 of the 22
North American industry classification system, Industry 23
Classification System, United States, 1997, published by the office 24
of management and budget or in a standard industrial classification 25
of 20 through to 39 of the standard industrial classification code 26
published by the federal department of management and budget, 27
importers, and distributors an importer, or a distributor shall 28
label containers of hazardous chemicals leaving their the 29
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employer's workplaces, provide safety data sheets with initial 1
shipments, and otherwise comply with any an applicable provision of 2
the standard incorporated by reference pursuant to under subsection 3
(1) and of sections 14b to 14l. A chemical manufacturer, importer, 4
or distributor subject to this subsection shall provide a safety 5
data sheet and an appropriately labeled container to each employer 6
in this state, regardless of the employer's standard industrial 7
classification in the standard industrial classification code, who 8
that purchases a hazardous chemical. 9
(5) Beginning May 25, 1986, an An employer in a classification 10
provided by sector 31-33 — manufacturing, sectors 31 to 33 of the 11
North American industry classification system, Industry 12
Classification System, United States, 1997, published by the office 13
of management and budget or in a standard industrial classification 14
of 20 through to 39 of the standard industrial classification code 15
published by the federal department of management and budget shall 16
comply with the requirements of the standard incorporated by 17
reference pursuant to under subsection (1) and with sections 14b to 18
14l with respect to the use of hazardous chemicals in the workplace. 19
(6) Beginning February 25, 1987, an An employer who that is 20
subject to this act but who is not otherwise specifically described 21
in subsections (4) or (5) shall comply with the standard 22
incorporated by reference pursuant to under subsection (1) and with 23
sections 14b to 14l with respect to the use of hazardous chemicals 24
in the workplace. However, instead of complying with any a 25
conflicting provision of the standard incorporated by reference in 26
subsection (1), an employer who is described in this subsection 27
shall do both of the following: 28
(a) Provide information and training to employees who are 29
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exposed to hazardous chemicals in the normal course of employment 1
or who are likely to be exposed to hazardous chemicals in the event 2
of an emergency. 3
(b) In the case where If a hazardous chemical is mixed or 4
combined with any other another chemical or hazardous chemical by 5
the employer, maintain and provide a safety data sheet for each 6
constituent hazardous chemical and maintain a material 7
identification system that identifies to employees the appropriate 8
safety data sheets. 9
(7) The standard incorporated by reference in subsection (1), 10
this section, and sections 14b to 14l shall must not be construed to 11
require an employer in a classification provided by sector 31-33 — 12
manufacturing, 31 to 33 of the North American industry 13
classification system, Industry Classification System, United 14
States, 1997, published by the office of management and budget or 15
in a standard industrial classification other than 20 through to 39 16
of the standard industrial classification code published by the 17
federal department of management and budget to evaluate chemicals, 18
to develop labels for containers of hazardous chemicals, or to 19
develop safety data sheets. 20
Sec. 14e. In order to To educate employers, employees, and the 21
public about the hazards of exposure to hazardous chemicals and the 22
requirements of the occupational safety and health hazard 23
communication standard incorporated by reference in section 14a and 24
the requirements of sections 14b to 14l, the department of licensing 25
and regulatory affairs shall periodically distribute periodically 26
public service announcements to newspapers and television and radio 27
stations throughout this state. 28
Sec. 14f. (1) An employer engaged in agricultural operations 29
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is not required to comply with the standard incorporated by 1
reference in section 14a or sections 14b to 14l for a hazardous 2
chemical that is regulated under any of the following: 3
(a) The federal insecticide, fungicide, and rodenticide act, 4
chapter 125, 86 Stat. 973, 7 USC 136 to 136i and 136j to 136y. , or 5
part 6
(b) Part 83 (pesticide control) of the natural resources and 7
environmental protection act, 1994 PA 451, MCL 324.8301 to 8
324.8336. , and any rules 9
(c) A rule or regulations regulation promulgated under those 10
acts.an act described in subdivision (a) or (b). 11
(2) The director of the department of agriculture and rural 12
development at least annually shall certify to the department of 13
licensing and regulatory affairs a list of chemicals regulated by 14
the acts laws described in subsection (1). 15
Sec. 14j. An employer subject to the standard incorporated by 16
reference in section 14a and to sections 14b to 14l shall post signs 17
throughout the workplace advising employees of all of the 18
following: 19
(a) The location of the safety data sheets for the hazardous 20
chemicals produced or used in the workplace and the name of the 21
person from whom to obtain the sheets. 22
(b) That the employer is prohibited from discharging or 23
discriminating against an employee who exercises the rights 24
regarding information about hazardous chemicals in the workplace 25
afforded by the standard incorporated by reference in section 14a 26
and by sections 14b to 14l. 27
(c) That, as an alternative to requesting the employer for a 28
safety data sheet for a hazardous chemical in the workplace, the 29
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employee may obtain a copy of the safety data sheet from the 1
department. of licensing and regulatory affairs. The sign shall 2
must include the address and telephone number of the division of 3
the department of licensing and regulatory affairs that has the 4
responsibility of responding to such these requests. 5
Sec. 14n. (1) Except as provided in subsections (2) and (3), 6
the occupational safety and health field sanitation standard that 7
has been adopted or promulgated by the United States department of 8
labor Department of Labor and has been codified at 29 C.F.R. CFR 9
1928.110 as of April 1, 1991 is incorporated by reference and 10
supersedes the occupational health field sanitation standard as 11
prescribed in R 325.61751 to R 325.61757 of the Michigan 12
administrative code, Administrative Code, and has the same force 13
and effect as a rule promulgated pursuant to under this act. 14
(2) An agricultural employer shall provide, at no cost to the 15
an agricultural employee, potable water in locations that are 16
readily accessible to all agricultural employees. 17
(3) An agricultural employer employing less that employs fewer 18
than 11 agricultural employees shall ensure that an available 19
toilet facility and hand-washing facility is either provided by the 20
agricultural employer or available to the agricultural employee. 21
(4) The department of public health shall administer and 22
enforce the standard incorporated by reference in subsection (1) in 23
a manner that is consistent with the administration and enforcement 24
of the standard by the federal occupational safety and health 25
administration. 26
(5) The department of public health shall make copies of the 27
standard described in subsection (1) and the requirements of 28
subsections (2) and (3) available to the public at cost. 29
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Sec. 24. (1) Standards governing that govern occupational 1
health promulgated by the director of public health that are in 2
effect on the effective date of the amendatory act that repealed 3
section 23 of this act December 27, 2012 are continued under 4
section 31 of the administrative procedures act of 1969, 1969 PA 5
306, MCL 24.231. 6
(2) The director shall promulgate an occupational health 7
standard pursuant to under the administrative procedures act of 8
1969, 1969 PA 306, MCL 24.201 to 24.328, except for standards 9
adopted by reference pursuant to under section 14. 10
(3) When promulgating the director promulgates an occupational 11
health standards, standard, the director shall promulgate a 12
standard that most adequately assures, ensures, to the extent 13
feasible and on the basis of the best available evidence, that an 14
employee will not suffer material impairment of health or 15
functional capacity, even if the employee has regular exposure to a 16
hazard dealt with addressed by the standard for the period of his 17
or her the employee's working life. 18
(4) The director shall promulgate an emergency standard 19
pursuant to in accordance with section 48 of the administrative 20
procedures act of 1969, 1969 PA 306, MCL 24.248, if the director 21
finds that employees are exposed to substances or agents determined 22
to be toxic or physically harmful and the emergency standard is 23
necessary to protect employees from that danger. If the director 24
promulgates an emergency standard on a matter addressed by a 25
federal standard, the director shall promulgate a standard that is 26
substantially similar to the federal standard unless he or she the 27
director determines and certifies that the federal standard is 28
clearly inconsistent with the criteria set forth provided in 29
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GSS S00720'25_SB49_APS_1 r3kxgv
section 9 or 24. 1
(5) An occupational health standard shall must prescribe 2
appropriate forms of warning that are necessary to insure ensure 3
that employees are apprised of health hazards to which they the 4
employees are exposed, relevant symptoms, and the conditions and 5
precautions for safe use or exposure, including appropriate 6
emergency treatment. If appropriate, a standard shall must 7
prescribe suitable protective equipment, control, or technological 8
procedures to be used and shall require an employer to monitor or 9
measure employee exposure, to allow employees or their the 10
employees' representatives to observe the monitoring and have 11
access to the records of the monitoring, and to conduct the 12
monitoring in a manner that is necessary for the protection of the 13
employees' health. Former employees shall A former employee must 14
have access to the records indicating their the employee's exposure 15
to toxic materials and harmful physical agents. 16
(6) If appropriate, the director shall prescribe by standard 17
that medical examinations or tests are made available, at the 18
employer's cost, to employees to determine if they the employees 19
are adversely affected by exposure to health hazards. If the 20
examination is performed by a physician other than a physician who 21
is retained for that purpose by the employer, the employer is 22
responsible only for the reasonable costs of the examination, and 23
only for costs related to the performance of the examination 24
required by the standard. The results of the examinations or tests 25
shall must be furnished to the employer, the employee, and, upon 26
request of if requested by the employee, to the employee's personal 27
physician. Upon request of the director, the The employer shall 28
furnish the results of the examinations or tests to the director if 29
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GSS S00720'25_SB49_APS_1 r3kxgv
the director requests the results. However, this act does not 1
authorize or require medical examinations, immunizations, or 2
treatments for those individuals who object to them the medical 3
examinations, immunizations, or treatments on religious grounds, 4
except if necessary for the protection of the health or safety of 5
others. 6
Sec. 27. (1) An employer may apply to the department of labor 7
or the department of public health for a temporary order granting a 8
variance from a standard or a provision thereof. A of a standard. 9
The department shall not grant a temporary order shall be granted 10
only if unless the employer files an application which that meets 11
the requirements of subsection (2) and establishes that the 12
employer is unable to comply with a standard by its effective date 13
because of unavailability of professional or technical personnel or 14
of materials and equipment needed to come into compliance with the 15
standard or because necessary construction or alteration of 16
facilities cannot be completed by the effective date, that the 17
employer is taking all available steps to safeguard his its 18
employees against the hazards covered by the standard, and that the 19
employer has an effective program for complying with the standard 20
as quickly as practicable. A temporary order issued under this 21
subsection shall must prescribe the practices, means, methods, 22
operations, and processes which that the employer shall must adopt 23
and use while the order is in effect, and state in detail the 24
employer's program for complying with the standard. A temporary 25
order may be granted only after notice to employees and an 26
opportunity for a hearing. However, the department of labor or the 27
department of public health may issue an interim order to be that 28
is effective until a decision is made on the basis of the hearing. 29
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A temporary order may not be in effect for longer than the period 1
needed by the employer to achieve compliance with the standard or 1 2
year, whichever is lesser, except that sooner. However, the order 3
may be renewed not more than twice so long as if the requirements 4
of this subsection are met and if an application for renewal is 5
filed not less than 90 days before the expiration date of the 6
order. An interim renewal of an order may not remain in effect for 7
longer than 180 days. 8
(2) An application for a temporary order under this section 9
shall must contain all of the following: 10
(a) A specification of the standard or portion thereof of the 11
standard from which the employer seeks a variance. 12
(b) A statement by the employer that he the employer is unable 13
to comply with the standard or portion thereof of the standard and 14
a detailed statement of the reasons therefor.why. 15
(c) A statement of the steps the employer has taken and will 16
take, with specific dates, to protect employees against the hazard 17
covered by the standard. 18
(d) A statement of when the employer shall will comply with 19
the standard and what steps the employer has taken and will take, 20
with dates specified, to comply with the standard. 21
(e) A certification that the employer has informed his its 22
employees of the application by giving a copy thereof of the 23
application to their the authorized employee representative, 24
posting a statement giving a summary of the application, and 25
specifying where a copy may be examined at the place or places 26
where notices to employees are normally posted and by other 27
appropriate means. A The certification must include a description 28
of how employees were informed. shall be contained in the 29
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certification. The information to employees shall must also inform 1
the employees of their an employee's right to petition the 2
department of labor or the department of public health for a 3
hearing. 4
(3) The department of labor or the department of public health 5
may grant a variance from a standard or a portion thereof when it 6
of a standard if the department determines that the variance is 7
necessary to permit allow an employer to participate in an 8
experiment approved by it the department that is designed to 9
demonstrate or validate new and improved techniques to safeguard 10
the health or safety of workers. 11
(4) An affected employer may apply to the appropriate 12
department for a rule or an order for a variance from a standard. 13
Affected employees An affected employee or their representatives 14
shall the employee's representative must be given notice of each 15
application and an opportunity to participate in a hearing. The 16
appropriate department shall issue a rule or an order if it the 17
department determines on the record, after opportunity for an 18
inspection where appropriate and a hearing, that the proponent of 19
the variance has demonstrated by a preponderance of the evidence 20
that the conditions, practices, means, methods, operations, or 21
processes used or proposed to be used by an employer will provide 22
employment and places of employment to his the employer's employees 23
which that are as safe and healthful as those which that would 24
prevail if he the employer complied with the standard. The rule or 25
order issued shall must prescribe the conditions the employer shall 26
must maintain and the practices, means, methods, operations, and 27
processes which he shall that the employer must adopt and utilize 28
to the extent they differ from the standard in question. The 29
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department may modify or revoke a rule or the order may be modified 1
or revoked upon application by an employer, employees, their 2
representatives, or by the appropriate department on its own motion 3
under this subsection at any time after 6 months from its 4
issuance.after the date the rule or order is issued if 1 of the 5
following applies: 6
(a) The employer, employees, or representative of the 7
employees requests that the rule be modified or rescinded. 8
(b) The department makes its own motion to modify or rescind 9
the rule or order. 10
Sec. 28. (1) An employee or employee representative , who 11
believes that a violation of a standard exists that threatens 12
physical harm to an employee , may request an inspection by giving 13
written notice of the condition to the appropriate department. The 14
notice shall set forth must, with reasonable detail, state the 15
grounds for the request and shall be signed by the employee or 16
employee representative giving the notice. Upon On receipt of a 17
complaint, and if the department determines there are reasonable 18
grounds for the complaint, the department shall conduct an 19
inspection. A copy of the request shall must be provided to the 20
employer or the employer's agent not later than the time of the 21
inspection. Upon On the request of the person giving the notice, 22
his or her the person's name and the names of employees referred to 23
in the notice shall must not appear in the copy or on a record 24
which that is published, released, or made available. If the 25
department determines that there are not reasonable grounds to 26
believe that an inspection should be conducted, it the department 27
shall notify, in writing, the complainant of its the department's 28
determination. 29
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GSS S00720'25_SB49_APS_1 r3kxgv
(2) If an employee or employee representative believes that a 1
condition exists which that may present an imminent danger to a 2
person, the employee or employee representative may notify either 3
the department of labor or the department of public health in the 4
most expedient manner without regard to a written notice. Upon On 5
notification of an alleged imminent danger, the department shall 6
cause an immediate inspection to be made or take other action that 7
it the department finds necessary to abate the danger. 8
(3) Before or during an inspection of a place of employment, 9
an employee , or a representative of employees , may notify the 10
department representative responsible for conducting the 11
inspection, in writing, of a violation of this act or of a rule 12
promulgated under this act , which that the employee or employee 13
representative of employees believes exists in the place of 14
employment. If the department determines, after an inspection or 15
investigation conducted upon based on a written notification from 16
an employee or employee representative of employees of an alleged 17
violation, that there are not reasonable grounds to believe that 18
the alleged violation exists, it the department shall notify, in 19
writing, the complainant and the employer of its determination. 20
Upon On the request of the person giving the notice, that the 21
person's name and the names of employees referred to in the notice 22
shall must not appear in the copy or on a record which that is 23
published, released, or made available to the employer or any other 24
person.another person. 25
(4) The department of labor and the department of public 26
health shall establish procedures for informal review of any a 27
decision resulting that results from a request or notice, made 28
under this section, to inspect for an alleged violation. The 29
20

GSS S00720'25_SB49_APS_1 r3kxgv
appropriate department shall furnish the employees or 1
representative of employees requesting a review a written statement 2
of the final disposition of the notice or complaint and reasons for 3
the disposition. 4
(5) An employee or the representative of the employee shall 5
must be afforded an opportunity, with or without compensation, to 6
attend all meetings between the department of labor or the 7
department of public health and an employer relative to that the 8
department's decision concerning a citation, abatement period, or 9
proposed penalty. 10
Sec. 29. (1) To implement this act, a department 11
representative, upon after presenting appropriate credentials, may 12
enter without delay, and at reasonable times, a place of employment 13
to physically inspect or investigate conditions of employment and 14
all pertinent conditions, equipment, and materials in the place of 15
employment, and to question privately the employer, owner, 16
operator, agent, or an employee with respect to safety or health. 17
The department representative shall conduct the inspection or 18
investigation shall be conducted without unreasonably disrupting 19
the employer's operations. 20
(2) If permission to enter a place of employment is denied, 21
the department may apply to the proper judicial officer for a 22
warrant commanding the sheriff or a peace officer to aid the 23
department in the conduct of an inspection or investigation to 24
determine if there is a violation of this act or a rule promulgated 25
under this act. 26
(3) In the conduct of inspections and investigations, the 27
appropriate department may require the attendance and testimony of 28
witnesses and the production of evidence under oath. Witnesses 29
21

GSS S00720'25_SB49_APS_1 r3kxgv
shall must be paid the same fees and mileage that are paid 1
witnesses in the circuit courts. In case of If there is a 2
contumacy, failure, or a refusal of a person to obey an order, the 3
circuit court within the jurisdiction of which the investigation is 4
conducted, or where the person is found or resides or transacts 5
business, or the circuit court for the county of Ingham County, 6
upon on application of the appropriate department, may issue an 7
order requiring that requires the person to appear and produce 8
evidence or give testimony relating to the matter under 9
investigation or in question. , and a A failure to obey the order 10
of the court may be punished as a contempt. 11
(4) A representative of the employer and a an authorized 12
employee representative authorized by the employees shall must be 13
given the opportunity to accompany the department representative 14
during the inspection or investigation of a place of employment to 15
aid the inspection or investigation, subject to rules promulgated 16
by the department. In case of If there is a controversy, the 17
department representative, at the time he or she when the 18
department representative goes into an establishment, shall 19
determine who may walk around as employer and employee 20
representatives. If a an authorized employee representative 21
authorized by the employee does not participate, the department 22
representative shall consult with a reasonable number of employees 23
concerning matters of safety or health in the place of employment. 24
The department representative may deny the right of accompaniment 25
may be denied by the department representative to a person whose 26
conduct interferes with a fair and orderly inspection or 27
investigation. 28
(5) In conducting or preparing to conduct an inspection or 29
22

GSS S00720'25_SB49_APS_1 r3kxgv
investigation, advance notice of the inspection or investigation 1
shall must not be given except in each of the following situations: 2
(a) In cases of apparent imminent danger, to enable the 3
employer to abate the danger as quickly as possible. 4
(b) In circumstances where the inspection most effectively can 5
be conducted after regular business hours or where special 6
preparations are necessary for an inspection. 7
(c) If necessary to assure ensure the presence of 8
representatives of the employer and employees , or the appropriate 9
personnel needed to aid in the inspection. 10
(d) In other circumstances where the department determines 11
that the giving of advance notice would enhance the probability of 12
an effective and thorough inspection. 13
(6) Advance notice in any of the situations a situation 14
described in subsection (5) shall must not be given more than 24 15
hours before the inspection or investigation is scheduled to be 16
conducted, except in apparent imminent danger situations and in 17
other unusual circumstances. 18
(7) During the conduct of an inspection or an investigation, 19
the department representative may conduct tests and gather samples 20
of materials and substances as that are necessary to aid in the 21
evaluation of the place of employment. In implementing this 22
subsection, the confidentiality of trade secrets shall must be 23
protected as prescribed in this act. 24
(8) Subject to rules promulgated by the departments, 25
department, following the completion of an inspection or 26
investigation, an opportunity for a conference shall must be 27
afforded the employer, ; the employee or employee representative of 28
the employee, ; and, if a joint conference is requested, the 29
23

GSS S00720'25_SB49_APS_1 r3kxgv
employer and the employee or employee representative if a joint 1
conference is requested.of the employee. 2
(9) In the performance of duties in the administration and 3
enforcement of this act, a department representative or an employee 4
of the appropriate department shall is not be personally liable for 5
damages sustained by an action on his or her the representative's 6
or employee's part, except for wanton and wilful willful 7
negligence. 8
(10) An employee or the authorized employee representative of 9
an employee who participates in an inspection or investigation, as 10
provided in subsection (4), or the conference provided in 11
subsection (8), as provided in this section, or the rules 12
promulgated under this section, shall must not suffer a loss of 13
wages or fringe benefits, or be discriminated against in any 14
manner, for time spent participating in the inspection, 15
investigation, or conference. An employee or the authorized 16
employee representative of an employee who suffers a loss of wages 17
or fringe benefits, or is discriminated against in any manner, for 18
participation in an inspection, investigation, or conference, may 19
file a discrimination complaint with the department, and the 20
department of labor may order appropriate relief , as provided in 21
section 65. As used in this subsection and section 31(2), "wages 22
and fringe benefits" means those terms as defined in section 1 of 23
Act No. 390 of the Public Acts of 1978, being section 408.471 of 24
the Michigan Compiled Laws.1978 PA 390, MCL 408.471. 25
Sec. 30. (1) The department of labor shall provide a full-time 26
safety and health inspector at the site where a tunnel, shaft, 27
caisson, or cofferdam is constructed or repaired under pressurized 28
conditions. The Both of the following apply to an inspector 29
24

GSS S00720'25_SB49_APS_1 r3kxgv
shall:described in this subsection: 1
(a) The inspector must meet all of the following requirements: 2
(i) (a) Have training and experience in, and knowledge of, 3
pressurized tunnel construction. 4
(ii) (b) Have training and experience in, and an understanding 5
of, ventilation systems. 6
(iii) (c) Have training and experience in, and knowledge of, the 7
safety and health standards relating to pressurized tunnel 8
construction. 9
(b) The inspector shall do all of the following: 10
(i) (d) Maintain a complete and detailed log of construction 11
activity. 12
(ii) (e) Test, monitor, and record the air quality in all work 13
areas and unoccupied areas of the completed work. 14
(iii) (f) Report immediately to the employer and affected 15
employees the existence of an imminent danger or serious violation. 16
(iv) (g) Conduct investigations and enforce this act and rules 17
promulgated and orders issued under this act. 18
(2) The contracting party for whom a tunnel is constructed or 19
repaired under pressurized conditions shall pay the cost of the 20
safety and health inspector's wages and fringe benefits. The cost 21
shall must be paid to the department of labor to the credit of the 22
general fund. of the state. The department of labor shall advise 23
contracting parties, upon on request, and publish regularly the 24
regular and overtime rates for the a safety and health inspector 25
required by this section. 26
(3) If the tunnel construction activity exceeds 60 hours per 27
week, the department shall provide a full-time safety and health 28
inspector for each 60 hours of tunnel construction activity or 29
25

GSS S00720'25_SB49_APS_1 r3kxgv
portion thereof.of tunnel construction activity. 1
(4) This section shall does not diminish the an employer's 2
responsibility under this act. 3
Sec. 31. (1) When and as soon as a department representative 4
determines that an imminent danger exists in a place of employment, 5
the department representative shall inform the employer and the 6
affected employees of a determination of the imminent danger. The 7
department representative immediately shall immediately recommend 8
to the director that an order be issued to require that steps be 9
taken as may be necessary to avoid, correct, or remove the imminent 10
danger. After receiving authorization for the issuance of an order 11
from the director, the department representative shall apply a tag 12
to the equipment or process that is the source of the imminent 13
danger identifying that an imminent danger exists. The tag shall be 14
removed only by Only the department representative may remove the 15
tag. At the request of the employer, an area supervisor shall, 16
within not later than 24 hours after a request, make an on site on-17
site review of any tagging and recommend continuance or removal. 18
The order shall must prohibit the employment or presence of an 19
individual in locations or under conditions where imminent danger 20
exists, except individuals whose presence is necessary to avoid, 21
correct, or remove the imminent danger in a safe and orderly 22
manner. In tagging the equipment or process that is the source of 23
imminent danger and in issuing the order, consideration shall must 24
be given to any the necessity to maintain the capacity of a 25
continuous process operation and to the reestablishment of normal 26
operations without a complete cessation of operations. 27
(2) An employer shall not permit allow an employee, other than 28
an employee whose presence is necessary to avoid, correct, or 29
26

GSS S00720'25_SB49_APS_1 r3kxgv
remove the imminent danger, to operate equipment or engage in a 1
process that has been tagged by the department and that is the 2
subject of an order issued by the department identifying that an 3
imminent danger exists. An employee who suffers a loss of wages or 4
fringe benefits or is in any manner discriminated against for 5
refusing to operate equipment or engage in a process that has been 6
tagged by the department and that is the subject of an order issued 7
by the department, as provided in this section, may file a 8
discrimination complaint , with the department and the department 9
of licensing and regulatory affairs may order appropriate relief as 10
provided in section 65. This section does not prohibit an employer 11
from assigning an employee to an operation not affected by the 12
imminent danger situation, subject to any a collective bargaining 13
agreement. 14
(3) Upon failure of the If the employer to does not promptly 15
comply with a department order , as described in subsection (1), 16
the department shall petition the circuit court having that has 17
jurisdiction to restrain a condition or practice in a place of 18
employment that the department has determined to cause the imminent 19
danger. 20
(4) If the department arbitrarily or capriciously fails to 21
seek relief under this section, an employee who may be injured by 22
reason of the failure, or the representative of those employees, 23
may bring action against the department in the circuit court having 24
that has jurisdiction for a writ of mandamus to compel the 25
department to seek an order and for further relief, as may be 26
appropriate. 27
(5) The department of licensing and regulatory affairs shall 28
respond within not later than 24 hours after receipt of an imminent 29
27

GSS S00720'25_SB49_APS_1 r3kxgv
danger complaint concerning an unknown and unlabeled container of 1
chemicals or an imminent danger complaint concerning a container of 2
hazardous chemicals that is not labeled or for which a safety data 3
sheet is not available as required by the standard incorporated by 4
reference in section 14a and by sections 14b to 14l. 5
(6) Before a department representative seeks authorization to 6
issue an order pursuant to the procedures prescribed in under 7
subsection (1), an employer shall must be given a reasonable 8
opportunity to identify, label, or provide the safety data sheet 9
for the container that is the subject of the imminent danger 10
determination. 11
Sec. 33. (1) If, as the result of an inspection or 12
investigation, the department representative believes that an 13
employer has violated this act, an order issued pursuant to in 14
accordance with this act, or a rule or standard promulgated 15
pursuant to under this act, he or she the department representative 16
shall issue a citation immediately or within not later than 90 days 17
after the completion of the conference for the physical inspection 18
or investigation described in section 29(8). The citation shall 19
must be in writing and shall must describe with particularity the 20
nature of the violation, including a reference to the provision of 21
this act , or an order issued in accordance with this act, or a 22
rule or standard promulgated pursuant to under this act, alleged to 23
have been violated. The citation shall must state a reasonable time 24
by which the violation is to be abated. The citation shall must 25
state on its face that it is an allegation of a violation. The date 26
shall must be set with due regard to the seriousness of the hazard 27
and the difficulty of abating it. The citation and the proposed 28
penalty, if any, may be presented to and shall, must, in each case, 29
28

GSS S00720'25_SB49_APS_1 r3kxgv
be sent by registered certified mail to the employer, and a copy 1
shall must be filed at the time of issuance with the appropriate 2
department. 3
(2) The employer shall post a copy of the citation at or near 4
the place of the violation, and the citation copy shall must remain 5
posted at that site until compliance is achieved or for 3 working 6
days, whichever is later. 7
(3) The employer upon on whom a citation is served shall 8
notify the appropriate department of compliance with this act, an 9
order issued pursuant to in accordance with this act, or a rule or 10
standard promulgated pursuant to under this act. 11
(4) If an employer fails to correct a violation for which a 12
citation was issued within the period permitted for its correction, 13
the department shall notify the employer by registered certified 14
mail of that failure and of the penalty proposed to be assessed 15
under section 35 for the failure. 16
(5) If it is determined upon the department determines, after 17
conducting an inspection or investigation, that a violation of this 18
act, an order issued pursuant to in accordance with this act, or a 19
rule or standard promulgated pursuant to under this act exists, but 20
that the conditions that constitute the violation have no direct or 21
immediate relationship to the safety or health of workers, the 22
department may issue a notice in place of a citation. A notice 23
issued under this subsection shall must be referred to as a "de 24
minimis notice of violation". The employer shall post a copy of the 25
de minimis notice of violation at or near the place of violation 26
for 3 working days. The department shall promulgate all necessary 27
rules for administering the de minimis notice of violation. 28
(6) A The department shall vacate a citation for an alleged 29
29

GSS S00720'25_SB49_APS_1 r3kxgv
violation of this act, an order issued pursuant to in accordance 1
with this act, or a rule or standard promulgated pursuant to under 2
this act shall be vacated if it is shown that the employer has 3
provided the equipment or training, educated employees regarding 4
use of the equipment or implementation of the training, and taken 5
reasonable steps including, where if appropriate, disciplinary 6
action to assure ensure that employees utilize the equipment and 7
comply with the training as referenced in this section. 8
Sec. 35. (1) If an employer receives a citation for a serious 9
violation of this act, an order issued pursuant to in accordance 10
with this act, or a rule or standard promulgated under this act, 11
the board shall assess the employer a civil penalty of not more 12
than $7,000.00 the equivalent federal penalty as the equivalent 13
federal penalty existed on the effective date of the amendatory act 14
that added subsection (12) or the penalty established under 15
subsection (11), as applicable, for each violation. 16
(2) If an employer fails to correct a violation for which a 17
citation was issued within the period permitted for its correction, 18
the board may assess the employer a civil penalty of not more than 19
$7,000.00 the equivalent federal penalty as the equivalent federal 20
penalty existed on the effective date of the amendatory act that 21
added subsection (12) or the penalty established under subsection 22
(11), as applicable, for each day during which the failure or 23
violation continues. A period permitted for corrections does not 24
begin to run until the date of the final order of the board if a 25
review proceeding before the board is initiated by the employer in 26
good faith and not solely for to delay or avoidance of avoid a 27
penalty. 28
(3) If an employer receives a citation for a violation of this 29
30

GSS S00720'25_SB49_APS_1 r3kxgv
act, an order issued pursuant to in accordance with this act, or a 1
rule or standard promulgated under this act, the board may assess 2
the employer a civil penalty of not more than $7,000.00 the 3
equivalent federal penalty as the equivalent federal penalty 4
existed on the effective date of the amendatory act that added 5
subsection (12) or the penalty established under subsection (11), 6
as applicable, for each violation that is specifically determined 7
not to be of a serious nature. 8
(4) If an employer willfully or repeatedly violates this act, 9
an order issued pursuant to in accordance with this act, or a rule 10
or standard promulgated under this act, the board may assess the 11
employer a civil penalty of not more than $70,000.00 for each 12
violation, but not less than $5,000.00 the equivalent federal 13
penalty as the equivalent federal penalty existed on the effective 14
date of the amendatory act that added subsection (12) or the 15
penalty established under subsection (11), as applicable, for each 16
willful or repeated violation. As used in this subsection: 17
(a) "Case closing date", with respect to an asbestos-related 18
violation, means the first date that all of the following 19
conditions are met: 20
(i) The citation for the violation is a final order. 21
(ii) Satisfactory abatement documentation for the violation is 22
received by the board. 23
(iii) All civil penalties related to the violation are timely 24
paid, or the department of labor and economic opportunity complies 25
with section 36(6). 26
(b) "Repeatedly violates", with respect to an asbestos-related 27
violation, means commits an asbestos related violation not later 28
than 5 years after the case closing date of an asbestos-related 29
31

GSS S00720'25_SB49_APS_1 r3kxgv
violation. 1
(5) If an employer willfully violates this act, an order 2
issued pursuant to in accordance with this act, or a rule or 3
standard promulgated under this act and the violation causes the 4
death of an employee, the employer is guilty of a felony punishable 5
by imprisonment for not more than 1 year, a fine of not more than 6
$10,000.00, or both. A second and any subsequent violation under 7
this subsection is punishable by imprisonment for not more than 3 8
years, a fine of $20,000.00, or both. 9
(6) If an employer violates a posting requirement prescribed 10
under this act, the board shall assess the employer a civil penalty 11
of not more than $7,000.00 the equivalent federal penalty as the 12
equivalent federal penalty existed on the effective date of the 13
amendatory act that added subsection (12) or the penalty 14
established under subsection (11), as applicable, for each 15
violation. 16
(7) If a person knowingly makes a false statement, 17
representation, or certification in an application, record, report, 18
plan, or other document filed or required to be maintained pursuant 19
to under this act, or fails to maintain or transmit a record or 20
report as required under section 61, the person is guilty of a 21
misdemeanor punishable by imprisonment for not more than 6 months, 22
a fine of not more than $10,000.00, or both. 23
(8) If a person gives advance notice of an investigation or an 24
inspection to be conducted under this act without authority from 25
the appropriate director, or the designee of the director, the 26
person is guilty of a misdemeanor punishable by imprisonment for 27
not more than 6 months, a fine of not more than $1,000.00, or both. 28
(9) For a public employer, the department, of labor and 29
32

GSS S00720'25_SB49_APS_1 r3kxgv
economic opportunity, instead of applying a civil penalty otherwise 1
applicable to an employer under this section, may request that the 2
attorney general seek a writ of mandamus in the appropriate circuit 3
court to compel compliance with a citation, including the terms of 4
abatement. 5
(10) A person shall not assault a department representative or 6
other person charged with enforcement of this act in the 7
performance of that person's legal duty to enforce this act. A 8
person who that violates this subsection is guilty of a 9
misdemeanor. A prosecuting attorney having jurisdiction of the 10
matter or the attorney general may prosecute the violator. 11
(11) Beginning on the effective date of the amendatory act 12
that added subsection (12), the director shall, not later than 10 13
working days after the date that a federal penalty is changed, 14
initiate the processing of an administrative rule that changes a 15
penalty under this section to be equal to the equivalent federal 16
penalty. 17
(12) As used in this section: 18
(a) "Equivalent federal penalty" means the federal penalty for 19
the federal violation that is the equivalent of or most equivalent 20
to a violation of this act or a rule or standard promulgated under 21
this act. 22
(b) "Federal penalty" means the penalty for a federal 23
violation. 24
(c) "Federal violation" means a violation of either of the 25
following: 26
(i) The occupational safety and health act of 1970, Public Law 27
91-596. 28
(ii) An occupational safety and health standard adopted or 29
33

GSS S00720'25_SB49_APS_1 r3kxgv
promulgated by the United States Department of Labor under the 1
occupational safety and health act of 1970, Public Law 91-596. 2
Sec. 36. (1) The board shall assess civil penalties, 3
considering the size of the business, the seriousness of the 4
violation, the good-faith efforts of the employer, and the history 5
of previous citations, and may establish a schedule of civil 6
penalties. Subject to subsection (2), for a civil penalty that was 7
assessed as the result of an asbestos-related violation, the board 8
shall not reduce the civil penalty by more than a total of 95% or 9
by more than the corresponding percentage for each of the 10
following: 11
(a) In considering the size of the business, 70%. 12
(b) In considering the good-faith efforts of the employer, 13
25%. 14
(c) In considering the history of previous citations, 10%. 15
(2) The board may issue an order for a reduction of a civil 16
penalty if the order is consistent with a dismissal or 17
reclassification of an asbestos-related violation included in a 18
hearing officer's report submitted to the board following an 19
administrative hearing held under section 42 or 44. For an 20
asbestos-related violation that has been reclassified by a hearing 21
officer, the board shall not reduce the civil penalty that 22
corresponds to the reclassified violation by more than is 23
prescribed under subsection (1). 24
(3) The department of labor and economic opportunity shall 25
administer and enforce the assessment of civil penalties in a 26
manner that is consistent with the administration and enforcement 27
of civil penalties by the federal Occupational Safety and Health 28
Administration. 29
34

GSS S00720'25_SB49_APS_1 r3kxgv
(4) A civil penalty owed under this act must be paid to the 1
department of labor and economic opportunity not later than 15 2
working days after the date the penalty becomes a final order of 3
the board, not subject to further agency or judicial review. A 4
civil penalty must be credited to the state general fund. 5
(5) If a civil penalty remains unpaid beyond the period of 6
time specified in subsection (4), the department of labor and 7
economic opportunity shall issue a letter to the employer demanding 8
that demands the employer to, not later than 20 days after the date 9
of the letter, make the payment. not later than 20 days after the 10
date of the letter. 11
(6) If the penalty remains unpaid following the period 12
specified in subsection (5), the department of labor and economic 13
opportunity shall transmit information on the amount of the penalty 14
and the name and address of the employer owing the penalty to the 15
department of treasury. 16
(7) The department of treasury shall institute proceedings to 17
collect the amount assessed as a civil penalty. The department of 18
treasury shall offset the amount of the penalty against money owed 19
by the this state to the employer. The department of treasury shall 20
request that the attorney general recover the amount of the penalty 21
remaining unpaid, after offsets, by instituting a civil action in 22
the circuit court for the county in which the violation occurred or 23
in the circuit court for the county in which the employer owing 24
that owes the penalty has its principal place of business. 25
Sec. 37. The department shall turn over evidence of a criminal 26
violation of this act to the department attorney general and shall 27
assist in the investigation of a criminal violation. 28
Sec. 41. Within Not later than 15 working days after receipt 29
35

GSS S00720'25_SB49_APS_1 r3kxgv
of a citation and proposed penalty, if any, an employer may 1
petition the appropriate department for a grant of additional time 2
for compliance, modification, or dismissal of the citation and a 3
proposed penalty. Within Not later than 15 working days after the 4
employer has received a citation, an employee or employee 5
representative may petition the department of labor or the 6
department of public health, whichever is appropriate, alleging the 7
period of time fixed in the citation for the abatement of the 8
violation is unreasonable. When If a petition is submitted to the 9
department by the employer, the employer shall transmit a copy 10
immediately to the affected employees or the employee 11
representative. When If a petition is submitted to the department 12
by an employee or employee representative, the department shall 13
submit a copy of the petition immediately to the employer after 14
deleting the name of the employee or employee representative, if so 15
requested by the employee or employee representative. If the 16
employer, employee, or employee representative does not petition 17
the department within not later than the 15 working days after 18
receipt of the citation and proposed penalty, if any, the citation 19
or proposed penalty shall be is considered a final order of the 20
board. Upon On receipt of a petition, the department of public 21
health or the department of labor, whichever is appropriate, may 22
modify the time schedule for compliance, modify the citation, 23
dismiss the citation, or dismiss or modify any a proposed penalty. 24
The appropriate department shall notify the employer of its 25
decision within not later than 15 working days after receipt of the 26
petition. If the department meets with the employer regarding the 27
employer's petition, the department shall notify the employee or 28
employee representative that a meeting will be held and allow the 29
36

GSS S00720'25_SB49_APS_1 r3kxgv
attendance of the employee or employee representative. The employer 1
shall promptly post the notice of the department's decision 2
together with and the appropriate citation. The decision of the 3
department of labor or the department of public health shall become 4
becomes final 15 working days after receipt of the decision. Within 5
Not later than 15 working days after receipt of the department of 6
labor's or the department of public health's decision, department's 7
decision, an employer may appeal the decision to the board. Within 8
Not later than 15 working days after the employer has received 9
receives the decision of the director, of labor or the director of 10
public health, whichever is appropriate, an employee or employee 11
representative may appeal the decision to the board with respect to 12
the violation abatement period, classification of citation, or 13
proposed penalty. 14
Sec. 45. If an employer fails to does not comply with a final 15
order of the board, the department may issue an order directing the 16
employer to cease operating or render inoperable, in accordance 17
with the order of the department, so much of his the employer's 18
operation as is necessary to eliminate the hazard which that is the 19
subject of the order. When If a cease operation order is not 20
appropriate or not obeyed, the department shall refer the matter to 21
the department attorney general. who The attorney general shall 22
promptly institute proceedings in the circuit court for the county 23
in which the violation exists to enforce the department's orders. 24
Sec. 46. (1) A board of health and safety compliance and 25
appeals is created within the department. of labor. The board of 26
health and safety compliance and appeals consists of 7 members 27
appointed by the governor by and with the advice and consent of the 28
senate for terms of 4 years or until their successors are a 29
37

GSS S00720'25_SB49_APS_1 r3kxgv
member's successor is appointed and qualified. Of the members first 1
appointed 2 shall must be appointed for 1 year, 2 shall must be 2
appointed for 2 years, 2 shall must be appointed for 3 years, and 1 3
shall must be appointed for 4 years. The first chairman chairperson 4
of the board of health and safety compliance and appeals shall have 5
has a 4-year term. Vacancies shall must be filled in the same 6
manner as the original appointments except that a vacancy occurring 7
that occurs during a term of office shall must be filled by 8
appointment for the unexpired term. Of those appointed to the The 9
board of health and safety compliance and appeals:must consist of 10
the following members: 11
(a) Three shall that represent labor and, shall, individually 12
or jointly, represent each of the following areas in which they 13
shall the members must be actively engaged: (i) general industry; 14
(ii) construction; and (iii) health. 15
(i) General industry. 16
(ii) Construction. 17
(iii) Health. 18
(b) Three shall that represent management and shall, that, 19
individually or jointly, represent each of the following areas in 20
which they shall the members must be actively engaged: (i) general 21
industry; (ii) construction; and (iii) health. 22
(i) General industry. 23
(ii) Construction. 24
(iii) Health. 25
(c) One shall represent that represents the general public and 26
serve that serves as chairman.the chairperson. 27
(2) The board's authority shall apply applies to all safety 28
and health citations, orders, and appeals. 29
38

GSS S00720'25_SB49_APS_1 r3kxgv
(3) The board shall meet as necessary to discharge its duties 1
under this act and shall hold regular quarterly meetings. in 2
Lansing. Interim meetings may be called at any time by the 3
chairman, chairperson, the director, of labor, the director of 4
public health, or by 4 or more members thereof. of the board. A 5
majority of the members of the board constitutes a quorum and 6
official action can be taken only on the affirmative vote of a 7
majority of the members. The legislature shall, annually, establish 8
the per diem compensation of the board and the schedule for 9
reimbursement of expenses. shall be established annually by the 10
legislature. 11
(4) The board may order testimony to be taken at a hearing or 12
by deposition in proceedings pending before it the board at any 13
stage of the proceedings. A person may be compelled to appear and 14
depose, and to produce books, papers, or documents in a proceeding 15
under consideration by the board. Witnesses ordered to appear in 16
any a proceeding pending before the board or whose depositions are 17
taken under this subsection , and the person taking the depositions 18
shall be are entitled to the same fees as paid for like services in 19
circuit court. 20
(5) The board shall promulgate rules of procedure for the 21
conduct of hearings or in response to appeals. which The rules 22
shall provide for must require a hearing officer to make a 23
determination upon on a proceeding before the board. 24
(6) In construing or applying any a state occupational safety 25
or health standard which is identical to a federal occupational 26
safety and health standard promulgated pursuant to 29 U.S.C. 27
section 651 et seq., under 29 USC 651 to 678, the board shall 28
construe and apply the state standard in a manner which that is 29
39

GSS S00720'25_SB49_APS_1 r3kxgv
consistent with any a federal construction or application by the 1
occupational safety and health review commission created pursuant 2
to 29 U.S.C. section 661.under 29 USC 661. 3
Sec. 52. (1) The department attorney general shall represent 4
the department of labor, the department of public health, and the 5
board and commissions established under this act in any litigation 6
under this act. 7
(2) The board shall not be considered to be a party in a 8
judicial review proceeding brought pursuant to under this act. 9
Sec. 54. (1) A safety consultation education and training 10
division is created within the department. of licensing and 11
regulatory affairs. 12
(2) The functions of the safety consultation education and 13
training division shall include all of the following: 14
(a) The development and application of a statewide safety 15
consultation education and training program to familiarize 16
employers, supervisors, employees, and union leaders with 17
techniques of accident investigation and prevention. 18
(b) The development and utilization of consultative 19
educational techniques to achieve long-range solutions to 20
occupational safety problems. 21
(c) The development of training programs for the department 22
safety compliance staff. 23
(d) The acquisition, development, and distribution of 24
occupational safety pamphlets, booklets, brochures, and other 25
appropriate safety media as may be useful to accomplish the 26
objectives of the safety consultation education and training 27
division. 28
(e) The conduct of other activities as necessary for the 29
40

GSS S00720'25_SB49_APS_1 r3kxgv
implementation of an effective safety consultation education and 1
training program. 2
(f) The development and administration of a program for 3
employers, with special emphasis on small business employers, 4
providing technical and educational assistance. 5
(g) The development and implementation of a training and 6
education program for department staff engaged in the 7
administration and enforcement of this act. 8
(3) The department shall publish a newsletter at least 9
quarterly. 10
(4) When If the director promulgates a standard or a rule or 11
issues an order, the director shall include a brief statement shall 12
be included indicating that indicates the reasons for the action. , 13
which shall be published The director shall include the statement 14
in the newsletter published under subsection (3). 15
Sec. 55. (1) A safety consultation education and training fund 16
is created. Except as provided in subsection (2), (3), the fund 17
shall must be used to accomplish the objectives outlined described 18
in sections 54 and 56. The state treasurer shall be is custodian of 19
the fund and may invest the surplus of the fund in investments as 20
that, in the state treasurer's judgment, are in the best interest 21
of the this state. Earnings from those investments shall must be 22
credited to the fund. The state treasurer shall notify the director 23
of labor, the director of public health, and the legislature of 24
interest credited and the balance of the safety education and 25
training fund as of December 31 of each year. 26
(2) On October 1, 1991, $2,300,000.00 is transferred from the 27
safety education and training fund to the state general fund for 28
the operation of the programs specified in this act. 29
41

GSS S00720'25_SB49_APS_1 r3kxgv
(2) (3) The director of labor shall supervise and administer 1
the fund. Except as provided in this section, the director shall 2
annually assess a levy based on the total annual worker's 3
disability compensation losses, excluding medical payments, paid in 4
the immediately preceding calendar year by employers under the 5
worker's disability compensation act of 1969, Act No. 317 of the 6
Public Acts of 1969, as amended, being sections 1969 PA 317, MCL 7
418.101 to 418.941. of the Michigan Compiled Laws. Except as 8
provided in this section, each year the director shall assess upon 9
and collect from each carrier and self-insured employer a sum equal 10
to that proportion of 50% of the current fiscal year appropriation 11
of safety consultation education and training funds which that the 12
total worker's disability compensation benefits, exclusive of 13
medical payments, paid by each carrier or each self-insured 14
employer bears to the total of the compensation benefits paid by 15
all carriers and self-insured employers during the immediately 16
preceding calendar year. However, the total amount levied annually 17
shall must not exceed 3/4 of 1% 0.75% of the total of the 18
compensation benefits paid by all carriers and self-insured 19
employers during the immediately preceding calendar year. Funds 20
that are unexpended at the end of each fiscal year shall must be 21
returned to the safety education and training fund. 22
(3) (4) If, at any time during the fiscal year in which the 23
assessment required by subsection (3) (2) is made, the balance of 24
money in the safety education and training fund is less than 25
$1,500,000.00, the assessment shall must equal the total fiscal 26
year appropriation of safety consultation education and training 27
funds. 28
(4) (5) Notice The director shall send notice of the 29
42

GSS S00720'25_SB49_APS_1 r3kxgv
assessments shall be sent by the director of labor by mail to each 1
carrier. Payment of assessments shall must be received in the 2
principal office of the department of labor before a date specified 3
uniformly in the notice, but not less than 90 days after the date 4
of mailing. 5
(5) (6) The levy assessments shall constitute are an element 6
of loss for the purpose of establishing rates for worker's 7
disability compensation insurance. Funds derived from this levy 8
shall must be deposited in the safety consultation education and 9
training fund and shall must be appropriated by the legislature for 10
the operation of this program. 11
(6) (7) To enable full and complete legislative review of the 12
assessment process, the department, of labor, not later than 13
September 30 of each year, shall submit to the regulatory 14
subcommittees of the house of representatives and senate 15
appropriations committees and the house of representatives and 16
senate committees that consider labor matters a written report on 17
the status of the safety consultation education and training 18
assessment required by this section. The report shall must include, 19
but is not limited to, information on the amount of the assessment, 20
the percentage of the assessment as compared to losses, an 21
explanation of all expenditures from the safety education and 22
training fund, and the balance of money in the safety education and 23
training fund. 24
Sec. 56. The department of public health shall conduct an 25
occupational health education and training program with employees 26
and employers for the prevention of occupational health hazards, to 27
achieve long-range solutions to occupational health problems, and 28
to train persons in the recognition and control of occupational 29
43

GSS S00720'25_SB49_APS_1 r3kxgv
health hazards. 1
Sec. 63. (1) Information reported to or otherwise obtained by 2
the department of licensing and regulatory affairs in connection 3
with an inspection, investigation, or proceeding under this act 4
that contains or that might reveal a trade secret, including 5
information required to be made available under sections 14a 6
through to 14l and section 24(5) and (6) shall be is considered 7
confidential. In a proceeding under this act, the director shall 8
promulgate rules for the purpose of protecting to protect trade 9
secrets regarding information required to be made available under 10
sections 14a through to 14l and section 24(5) and (6), and the 11
department, the board, or the court shall issue orders as may be 12
appropriate to protect the confidentiality of trade secrets and to 13
carry out the objectives of this act. 14
(2) Except as otherwise provided by this subsection, and 15
subsection (1), information reported to or otherwise obtained by a 16
department from an employee in connection with an inspection, 17
investigation, or proceeding under this act shall must be made 18
available to the public pursuant to in accordance with the freedom 19
of information act, 1976 PA 442, MCL 15.231 to 15.246. The All of 20
the following are exempt from disclosure under the freedom of 21
information act, 1976 PA 442, MCL 15.231 to 15.246: 22
(a) The information described in subsection (1). 23
(b) The identity of an employee, or any information that may 24
lead to the identification of an employee, who provides information 25
pertaining to a possible violation or violations of this act. is 26
exempt from disclosure. 27
(c) Reports that the department creates and information 28
reported to or otherwise obtained by the department regarding an 29
44

GSS S00720'25_SB49_APS_1 r3kxgv
employer's request for consultation from the department. As used in 1
this subdivision, "consultation" means that term as defined in 29 2
CFR 1908.2. 3
Sec. 65. (1) A person shall not discharge an employee or in 4
any manner discriminate against an employee because the employee 5
filed a complaint, or instituted or caused to be instituted a 6
proceeding under or regulated by this act, or has testified or is 7
about to testify in such a proceeding regulated by this act, or 8
because of the exercise by the employee exercises a right afforded 9
by this act on behalf of himself or herself the employee or others 10
of a right afforded by this act.another person. 11
(2) An If an employee who believes that he or she the employee 12
was discharged or otherwise discriminated against by a person in 13
violation of this section, the employee may, not later than 30 days 14
after the date of the alleged violation, file a complaint with the 15
department of labor alleging the discrimination. within 30 days 16
after the violation occurs. Upon On receipt of the complaint, the 17
department of labor shall cause an investigation to be made 18
investigate the complaint as it the department considers 19
appropriate. If, upon the investigation, After the investigation, 20
if the department determines that this section was violated, the 21
department shall order all appropriate relief, including rehiring 22
the rehire or reinstatement of an employee to his or her the 23
employee's former position with back pay. 24
(3) The director, of labor, within not later than 90 days 25
after the receipt of a complaint filed under this section, shall 26
notify the complainant of the determination under subsection (2). 27
(4) The employer or employee may, not later than 15 working 28
days after the notification is issued, request a review of the 29
45

GSS S00720'25_SB49_APS_1 r3kxgv
department's determination within 15 working days after 1
notification is issued. in accordance with the procedures 2
prescribed in the notification. If the department does not receive 3
a request for a review by either the employer or employee is not 4
received by the department within 15 working days, in the absence 5
of in this time period, absent a showing of good cause for a late 6
request, the department's determination is final. The employee, 7
employer, and the department shall must be parties to a proceeding 8
before a hearings officer brought pursuant to under this section. 9
(5) The director shall appoint hearings officers to make 10
determinations in proceedings brought pursuant to under this 11
section. All proceedings in a hearing shall must be conducted 12
pursuant to in accordance with the procedures applicable to the 13
trial of contested cases under Act No. 306 of the Public Acts of 14
1969, as amended. the administrative procedures act of 1969, 1969 15
PA 306, MCL 24.201 to 24.328. The hearings officer shall affirm, 16
modify, or rescind the order of the department and may order an 17
employer who that violates this section to pay attorney costs, 18
hearing costs, and transcript costs. The hearings officer shall 19
issue a determination which constitutes a final disposition of the 20
proceedings to each party within not later than 30 working days 21
after the conclusion of the hearing. The determination of the 22
hearings officer shall become is the final disposition of the 23
proceedings and becomes the final agency order upon on receipt by 24
the parties. 25
(6) A party to the proceeding may, not later than 60 days 26
after receipt of the determination of the hearings officer, obtain 27
judicial review within 60 days after receipt of the determination 28
of the hearings officer pursuant to Act No. 306 of the Public Acts 29
46
Final Page
GSS S00720'25_SB49_APS_1 r3kxgv
of 1969, as amended. of the determination as provided for in the 1
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 2
24.328. Venue for an appeal under this act shall be is only in the 3
circuit where the employee is a resident, where the employment 4
occurred, or where the employer has a principal place of business. 5
(7) In absence of an appeal by an employer who that has not 6
complied with the determination of the hearings officer, the 7
director of labor shall initiate, in the county where the violation 8
occurred, in the county of Ingham County, or in the county where 9
the employer has its principal office, the civil action necessary 10
to enforce an order of the department which that has become a final 11
agency order as prescribed in this act. 12
(8) For the purpose of an investigation or proceeding under 13
this section, the director of labor or an authorized representative 14
of the director may administer oaths and affirmations, subpoena 15
witnesses, compel their a witness's attendance, take evidence, and 16
require the production of records or other documents which that the 17
department considers relevant or material to the inquiry. 18
Sec. 91. Any A proceeding pending before the department of 19
labor or the department of health shall must be continued, and be 20
conducted, and determined by the appropriate department in 21
accordance with according to the statutes governing the 22
proceedings. 23
Enacting section 1. Section 1035a of the Michigan occupational 24
safety and health act, 1974 PA 154, MCL 408.1035a, is repealed. 25