Legislative Analysis
Phone: (517) 373-8080
SUNSET MIOSHA COVID-19 LIABILITY PROVISIONS
http://www.house.mi.gov/hfa
House Bill 6173 as introduced Analysis available at
Sponsor: Rep. Diana Farrington http://www.legislature.mi.gov
Committee: Government Operations
Revised 6-14-22
SUMMARY:
House Bill 6173 would amend the Michigan Occupation Safety and Health Act (MIOSHA) to
provide that section 85, which establishes conditions for immunity from civil liability for an
employer whose employee is exposed to COVID-19, does not apply to an exposure that occurs
after July 1, 2022.
Under section 85, notwithstanding any other provision of MIOSHA, an employer is not liable
for damages under the act for an employee’s exposure to COVID-19 if the employer was
operating in compliance with all applicable federal, state, and local statutes, rules, and
regulations, executive orders, and agency orders related to COVID-19 at the time of the
exposure. An isolated, de minimis deviation from strict compliance with those statutes, rules,
regulations, executive orders, and agency orders unrelated to the employee’s exposure to
COVID-19 does not deny an employer this immunity. (“De minimis” means so minor or trivial
as to be not worth considering.)
MCL 408.1085
The bill would not take effect unless HBs 5244 and 6215 were also enacted.
FISCAL IMPACT:
The bill would not have a fiscal impact on the Department of Labor and Economic Opportunity
or on other state or local government units.
Legislative Analyst: Rick Yuille
Fiscal Analyst: Marcus Coffin
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
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Statutes affected:
House Introduced Bill: 408.1085