MI HB5597

Changes language in Section 35 from passive voice ("an employer who receives a citation...shall be assessed") to active voice ("if an employer receives a citation...the board shall assess the employer") throughout subsections (1) through (8).

Adds definition of "repeatedly violates" in Section 35(4) to mean committing a violation within 5 years after receiving a citation for a prior violation, with penalties up to $70,000 per violation but not less than $5,000 for each willful violation.

Modifies Section 35(5) criminal penalties for willful violations causing employee death to specify imprisonment for not more than 1 year or fine up to $10,000, with second or subsequent violations punishable by up to 3 years imprisonment or $20,000 fine.

Adds new restrictions in Section 36(1) preventing the board from reducing civil penalties for asbestos-related violations by amounts greater than those prescribed by federal OSHA, and defines "asbestos," "asbestos-related violation," and "friable asbestos material."

Replaces references to "department of labor" and "department of public health" with "department of licensing and regulatory affairs" throughout Section 36 and removes the April 1, 1992 effective date language for penalty provisions.