HB-5070, As Passed House, December 16, 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5070

 

November 10, 2015, Introduced by Rep. Leutheuser and referred to the Committee on Commerce and Trade.

 

     A bill to amend 1974 PA 154, entitled

 

"Michigan occupational safety and health act,"

 

by amending section 5 (MCL 408.1005), as amended by 2012 PA 447.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) "Employee" means a person permitted to work by an

 

employer.

 

     (2) "Employer" means an individual or organization, including

 

the this state or a political subdivision, which that employs 1 or

 

more persons. Except as otherwise specifically provided in the

 

franchise agreement, as between a franchisee and franchisor, the

 

franchisee is considered the sole employer of workers for whom the

 

franchisee provides a benefit plan or pays wages.

 

     (3) "Imminent danger" means a condition or practice in a place

 


of employment which is such that a danger exists which that could

 

reasonably be expected to cause death or serious physical harm

 

either immediately or before the imminence of the danger can be

 

eliminated through the enforcement procedures otherwise provided. A

 

container of an unknown and unlabeled chemical or a container of

 

hazardous chemicals that is not labeled or for which a safety data

 

sheet is not available as required by the standard incorporated by

 

reference in section 14a shall be considered an imminent danger

 

after meeting the provisions of section 31.

 

     (4) "Inspection" means the examination or survey of a place of

 

employment to detect the presence of an existing or potential

 

occupational safety or health hazard or to determine compliance

 

with this act , or with rules or standards promulgated, or orders

 

issued pursuant to under this act.

 

     (5) "Investigation" means the detailed evaluation or study of

 

working conditions, including equipment, processes, substances, air

 

contaminants, or physical agents with respect to the actual or

 

potential occurrence of occupational accidents, illnesses, or

 

diseases.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.