The proposed bill amends the Michigan Occupational Safety and Health Act by adding a new section, 66a, which protects employees from discharge, discrimination, or retaliation if they refuse to work under certain conditions. Specifically, an employee may refuse to work if they reasonably believe that doing so would expose them, another employee, or the public to a communicable disease or unsafe conditions. The employee must have previously requested the employer to correct the hazardous condition, which remains unaddressed at the time of refusal, and must report the issue to the Michigan Occupational Safety and Health Administration.

Additionally, if an employee refuses to work under these circumstances and is not reassigned, the employer is required to pay the employee wages for the duration that the unsafe condition remains uncorrected. The bill also establishes a presumption of violation if an employer retaliates against an employee within 90 days of their protected activity, unless the employer can provide clear and convincing evidence that their actions were legally justified.

Statutes affected:
House Introduced Bill: 408.1001, 408.1094