HB 5797 Summary

• Increases civil penalty for serious violations of the Michigan occupational safety and health act from $7,000 to $15,000 per violation, effective March 1, 2020 through December 31, 2020.

• Establishes minimum penalty of $5,000 for willful or repeated violations, with maximum penalty of $70,000 per violation.

• Modifies criminal penalties for willful violations causing employee death: felony punishable by imprisonment up to 1 year or fine up to $10,000, or both; second or subsequent convictions punishable by imprisonment up to 3 years or fine up to $20,000, or both.

• Updates criminal penalties for false statements and unauthorized inspection notices to specify imprisonment terms rather than fines alone.

• Clarifies that the Department of Labor and Economic Opportunity (or Department of Health and Human Services for public employers) may request writs of mandamus to compel compliance instead of applying civil penalties.