Advocacy News – May 26, 2021
Under legislation supported by the Michigan Chamber and passed by the Michigan House Tuesday, the Michigan Occupational Health and Safety Administration (MIOSHA) could no longer fine a business for its first health and safety violation so long as the business remedies the problem. The bill passed the House by a vote of 74-34.
In addition to prohibiting MIOSHA from assessing a civil penalty for a violation of the MIOSHA Emergency Rules if the violation was the businesses’ first violation and the business takes corrective action, the legislation would require the state to reimburse businesses for any civil penalty assessed for violating a COVID-19 Executive Order determined by the Michigan Supreme Court to be void or unconstitutional. The provision would apply retroactively regardless of when the penalty was assessed.
According to the Department of Labor and Economic Opportunity’s “MIOSHA COVID-19 CITATIONS” dashboard, there have been 282 COVID-related MIOSHA violations. This includes cases open, under appeal, paid, awaiting abatement/penalty or vacated. As of May 24, 96 cases were closed, totaling $259,200 in fines.
The legislation now moves to the Senate for consideration. Please contact Wendy Block with any questions at wblock@michamber.com.