January 28, 2003, Introduced by Senators BASHAM, LELAND and CHERRY and referred to
the Committee on Commerce and Labor.
A bill to amend 1974 PA 154, entitled
"Michigan occupational safety and health act,"
by amending sections 5 and 6 (MCL 408.1005 and 408.1006),
section 5 as amended by 1986 PA 80.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 5. (1) "Employee" means a person who is receiving
2 vocational training from an employer or who is permitted to work
3 by an employer.
4 (2) "Employer" means an individual or organization, including
5 the this state or a political subdivision, which
that employs
6 1 or more persons or that provides vocational training to 1 or
7 more persons.
8 (3) "Imminent danger" means a condition or practice in a
9 place of employment which
is such that a danger exists which
10 that is dangerous and that could reasonably be expected to cause
1 death or serious physical harm either immediately or before the
2 imminence of the danger can be eliminated through the enforcement
3 procedures otherwise provided. A container of an unknown and
4 unlabeled chemical or a container of hazardous chemicals that is
5 not labeled or for which a material safety data sheet is not
6 available as required by the standard incorporated by reference
7 in section 14a shall be considered an imminent danger after
8 meeting the provisions of section 31.
9 (4) "Inspection" means the examination or survey of a place
10 of employment to detect the presence of an existing or potential
11 occupational safety or health hazard or to determine compliance
12 with this act, rules or standards promulgated under this act, or
13 orders issued pursuant
to under this act.
14 (5) "Investigation" means the detailed evaluation or study of
15 working conditions, including equipment, processes, substances,
16 air contaminants, or physical agents with respect to the actual
17 or potential occurrence of occupational accidents, illnesses, or
18 diseases.
19 Sec. 6. (1) "Place of employment" means a factory, plant,
20 establishment, construction site or other similar area,
21 workplace, or environment where an employee is permitted to work
22 or receive vocational training.
23 (2) "Political subdivision" means a city, village, township,
24 county, school district, intermediate school district, or state
25 or local government authorized or supported agency, authority, or
26 institution.
27 (3) "Rule"
means a rule as defined by section 7 of Act No.
1 306 of the Public Acts
of 1969, being section 24.207 of the
2 Michigan Compiled Laws
the administrative procedures act
of
3 1969, 1969 PA 306, MCL 24.207. A rule may only be promulgated by
4 the director of labor
the department of consumer and industry
5 services or the director of the department of community health
6 except as otherwise specifically prescribed in this act.
7 (4) "Serious violation" means a violation of this act, an
8 order issued pursuant
to under this act, or a rule or standard
9 promulgated under this
act or adopted by reference pursuant to
10 in accordance with this act for which a substantial probability
11 exists that death or serious physical harm could result from the
12 violation or from a practice, means, method, operation, or
13 process which that
is in use, unless the employer did not and
14 could not, with the exercise of reasonable diligence, know of the
15 presence of the violation.
16 (5)
"Standard" means a health or safety standard which that
17 specifies conditions, or the adoption or use of 1 or more
18 practices, means, methods, operations, or processes necessary to
19 provide safe and healthful employment or vocational training in
20 places of employment. Except as otherwise specifically
21 prescribed in this act, only the:
22 (a) General industry safety standards commission may
23 promulgate a standard relative to occupational safety.
24 (b) Construction safety standards commission may promulgate a
25 standard relative to construction safety.
26 (c) Occupational health standards commission may promulgate a
27 standard relative to occupational health.
1 (6) "Standards promulgation commission" means the general
2 industry safety standards commission, the construction safety
3 standards commission, or the occupational health standards
4 commission.
5 (7) "Trade secret" means a confidential process, formula,
6 pattern, device, or
compilation of information which that is
7 used in the employer's
business and which that gives him or her
8 an opportunity to obtain an advantage over competitors who do not
9 know or use it.
10 (8) "Vocational training" means instruction under a program
11 designed to prepare individuals for gainful employment as
12 semiskilled or skilled workers or technicians. Vocational
13 training includes instruction described in this subsection that
14 is provided by a secondary or postsecondary educational
15 institution.
16 (9) (8)
"Wilful" "Willful", for the purpose of criminal
17 prosecutions, means the intent to do an act knowingly and
18 purposely by an individual who, having a free will and choice,
19 either intentionally disregards a requirement of this act, or a
20 rule or standard
promulgated pursuant to under this act, or is
21 knowingly and purposely indifferent to a requirement of this act,
22 or a rule or standard
promulgated pursuant to under this act.
23 An omission or failure to
act is wilful willful if it is done
24 knowingly and purposely.
Wilful Willful does not require a
25 showing of moral turpitude, evil purpose, or criminal intent
26 provided if the individual is shown to have acted or to
have
27 failed to act knowingly and purposely.
1 (10) (9) "Working
day" means any day other than a Saturday,
2 Sunday, or state legal holiday.