HOUSE BILL NO. 4757

A bill to amend 1974 PA 154, entitled

"Michigan occupational safety and health act,"

by amending section 35 (MCL 408.1035), as amended by 1991 PA 105.

the people of the state of michigan enact:

Sec. 35. (1) An Subject to subsection (11), if an employer who receives a citation for a serious violation of this act, an order issued pursuant to this act, or a rule or standard promulgated under this act, the board shall be assessed assess the employer a civil penalty of not more than $7,000.00 $13,653.00 for each violation.

(2) An Subject to subsection (11), if an employer who fails to correct a violation for which a citation was issued within the period permitted for its correction, the board may be assessed assess the employer a civil penalty of not more than $7,000.00 $13,653.00 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 a the board is initiated by the employer in good faith and not solely for delay or avoidance of a penalty.

(3) An Subject to subsection (11), if an employer who receives a citation for a violation of this act, an order issued pursuant to this act, or a rule or standard promulgated under this act, which violation is specifically determined not to be of a serious nature, the board may be assessed assess the employer a civil penalty of not more than $7,000.00 $13,653.00 for each violation that is specifically determined not to be of a serious nature.

(4) An Subject to subsection (11), if an employer who willfully or repeatedly violates this act, an order issued pursuant to this act, or a rule or standard promulgated under this act, the board may be assessed assess the employer a civil penalty of not more than $70,000.00 $136,532.00 for each violation, but not less than $5,000.00 $9,753.00 for each willful violation.

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

(6) An Subject to subsection (11), if an employer who violates a posting requirement prescribed under this act, the board shall be assessed assess the employer a civil penalty of not more than $7,000.00 $13,653.00 for each violation.

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

(8) A If a person