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