2003 Senate Bill 647

Define "willful" MIOSHA violation; ban "ergonomics" rules

Introduced in the Senate

July 17, 2003

Introduced by Sen. Bruce Patterson (R-7)

To define as a "wilful" violation of the Michigan Occupational Safety And Health Act (MIOSHA) an action performed with knowledge of the hazardous condition, and an action taken with a knowing and purposeful intentional disregard of a MIOSHA rule or standard. A recent executive order from Gov. Jennifer Granholm bans contractors who have “wilfully” violated MIOSHA rules from receiving state contracts, but it does not define “wilful”.

Referred to the Committee on Commerce and Labor

Feb. 18, 2004

Reported without amendment

With the recommendation that the bill pass.

March 17, 2004

Amendment offered

To strip out possibly subjective provisions that include an employer's motives or "plain indifference to the health and safety of workers" in the criteria that define a "willful" violation of MIOSHA rules.

The amendment passed by voice vote

March 18, 2004

Passed in the Senate 21 to 15 (details)

Received in the House

March 18, 2004

Referred to the Committee on Employee Relations, Training, and Safety

May 4, 2004

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

May 5, 2004

Substitute offered

To replace the previous version of the bill with one that revises details, and prohibits the Department of Labor and Economic Growth from imposing “ergonomics” regulations on Michigan workplaces.

The substitute passed by voice vote

Amendment offered by Rep. Leon Drolet (R-33)

To clarify that the ergonomics rule ban applies to the Department of Labor and Economic Growth (DLEG), not the Department of Community Health. DLEG has been working on a ergonomics regulation it may propose in the future.

The amendment passed by voice vote

Passed in the House 59 to 48 (details)

To define as a "wilful" violation of the Michigan Occupational Safety And Health Act (MIOSHA) an action performed with knowledge of the hazardous condition, and an action taken with a knowing and purposeful intentional disregard of a MIOSHA rule or standard. A recent executive order from Gov. Jennifer Granholm bans contractors who have “wilfully” violated MIOSHA rules from receiving state contracts, but it does not define “wilful.” The bill also prohibits the Department of Labor and Economic Growth from imposing “ergonomics” regulations on Michigan workplaces. See also the House-passed version of HB 5521, a budget bill that prohibits the department from spending money to develop “ergonomics” regulations.

Received in the Senate

May 6, 2004

May 18, 2004

Passed in the Senate 21 to 13 (details)

To concur with the House-passed version of the bill.

Vetoed by Gov. Jennifer Granholm

June 8, 2004