Bill Summary – FastDemocracy

HOUSE BILL NO. 5644
     April 23, 2024, Introduced by Reps. Churches, Koleszar, Conlin, Martus, MacDonell, Wegela,
       Brixie, Arbit, Andrews, Tsernoglou, Scott, O'Neal, Grant, Hood, Haadsma, Snyder, McFall,
       Liberati, Skaggs, Paiz, McKinney, Dievendorf, Edwards, Byrnes, Miller, Weiss, Neeley,
       Young, Hope, Steckloff, Price, Hill, Coffia, Brabec and Glanville and referred to the
       Committee on Labor.
           A bill to amend 1974 PA 154, entitled
    "Michigan occupational safety and health act,"
    by amending sections 14 and 19 (MCL 408.1014 and 408.1019), section
as amended by 2020 PA 143 and section 19 as amended by 2012 PA

                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
        Sec. 14. (1) Except as otherwise provided in subsection (3),
 the occupational safety and health standards that have been adopted
 or promulgated by the United States Department of Labor under the
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 occupational safety and health act of 1970, Public Law 91-596, 84
 Stat 1590, and that are in effect on January 1, 1975 are
 incorporated by reference and have the same force and effect as a
 rule promulgated pursuant to this act. A standard that is
 incorporated by reference pursuant to this subsection remains in
 effect until either of the following conditions occurs:
       (a) A standard is promulgated pursuant to this act that covers
 the same or a similar subject.
       (b) The standard is rescinded by rule promulgated pursuant to
 this act.
       (2) If a rule or standard that is continued pursuant to
 section 24(1) conflicts with or covers the same or similar subject
 as a standard incorporated by reference pursuant to subsection (1),
 the federal standard incorporated by reference governs and the
 state rule or standard continued pursuant to section 24(1) shall be
 rescinded.
       (3) If a rule or standard that is continued in effect under
 this act pursuant to section 21(1) covers the same subject as a
 federal standard, subsection (1) does not apply.
       (4) The department of licensing and regulatory affairs shall
 make copies of the standards incorporated by reference pursuant to
 subsection (1) available to the public at cost.
       (5) Beginning April 1, 1992, not later than 10 working days
 after the date that the United States Department of Labor adopts or
 promulgates an occupational safety and health standard under the
 occupational safety and health act of 1970, Public Law 91-596, 84
 Stat 1590, the director shall initiate the processing of an
 administrative rule that is substantially similar to the federal
 occupational safety and health standard. The proposed
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 administrative rule shall be presented to the joint committee on
 administrative rules unless the director determines that the
 federal standard is clearly inconsistent with the criteria set
 forth in section 9, 16, 19, or 24.
       (6) Beginning April 1, 1992, a proposed administrative rule
 that would address a matter not addressed by 1 or more federal
 standards shall must not be processed and presented to the joint
 committee on administrative rules unless the director determines
 that there is a clear and convincing need for the standard to meet
 the criteria set forth, as appropriate, in sections 9, 16, 19, and
 24. The director shall include a statement of the specific facts
 that establish the clear and convincing need when processing and
 presenting the administrative rule. The statement shall must either
 explain the unique characteristics of industry in this state that
 necessitate the standard or demonstrate that the standard was
 requested by a broad consensus of union and nonunion employers and
 employees in the specific industry affected by the standard.
       (7) The director shall promulgate administrative rules
 described in subsections (5) and (6) shall be promulgated pursuant
 to implement this section under the administrative procedures act
 of 1969, 1969 PA 306, MCL 24.201 to 24.328.
       (8) This section Subsection (6) does not apply to section
 rules promulgated under either of the following:
       (a) Section 14r.
       (b) Section 19(2).
       Sec. 19. (1) The director may promulgate construction safety
 standards in accordance with this act and based upon, on, but not
 limited to, generally accepted nationwide engineering standards and
 practices designed to prevent accidents and to protect the life and
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 safety of employees engaged in construction operations. If
 practicable, the standards promulgated shall must be expressed in
 terms of objective criteria and of the performance desired.
       (2) The director shall promulgate rules specific to employees
 engaged in construction operations who menstruate or express milk,
 or both.
       (3) The rules promulgated under subsection (2) must require an
 employer that is engaged in construction operations to provide
 reasonable accommodations for its employees who menstruate,
 including, but not limited to, all of the following requirements:
       (a) A bathroom stall designated only for employees who
 menstruate that is accessible on a job site. The bathroom stall
 must have an internal latch. If there is more than 1 individual
 bathroom stall within a room, the room must be able to be locked
 from the inside.
       (b) Adequate space and time for the employee to use the
 bathroom that accounts for multiple layers of clothing.
       (c) Menstrual hygiene products that are available at no cost
 to the employees and are located in all gender-neutral bathrooms
 and bathrooms described under subdivision (a), or are provided in a
 kit to each employee who needs a menstrual hygiene product.
       (4) The rules promulgated under subsection (2) must require an
 employer that is engaged in construction operations to provide
 reasonable accommodations for its employees who express milk,
 including, but not limited to, all of the following requirements:
       (a) A location, other than a bathroom, that is easily
 accessible to the employee and sanitary for the employee to express
 milk. The location must meet all of the following:
       (i) Be private.
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       (ii) Be able to be locked from the inside.
       (iii) Be free from intrusion.
       (b) A hygienic refrigerator located on a job site and
 accessible to the employees that meets the temperature guidelines
 established by the Centers for Disease Control and Prevention's
 human milk storage guidelines so the employee may store the milk
 that the employee expresses.
       (c) A water source that the employee may use to clean and wash
 the employee's hands and milk expression equipment. The water
 source must be in a private location that is easily accessible to
 the employee and near the location described in subdivision (a).
       (5) If there is a job site with multiple employers engaged in
 construction operations, each employer must ensure that the
 reasonable accommodations described in subsections (3) and (4) are
 provided to the employer's employees.
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Statutes affected: 
House Introduced Bill: 408.1014, 408.1019