{"id":"DUT-MI-014","kind":"duty","level":"state","jurisdiction":"Michigan","state":"MI","metro":"","industry":"","agency":"","eco":"","issuer":"Michigan Legislature (Michigan Occupational Safety and Health Act, 1974 PA 154)","authority":"MIOSHA Act, MCL 408.1001-408.1094","instrument":"MCL 408.1035, Civil and criminal penalties (MIOSHA Act sec. 35)","title":"MIOSHA Act sec. 35: civil penalties for serious, failure-to-abate, willful and repeated violations; felony for a willful violation causing death","dateIssued":"1975-01-01","effective":"1975-01-01","end":"standing","startDate":"1975-01-01","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP"],"addressees":["employers"],"clause":"If an employer receives a citation for a serious violation of this act, an order issued pursuant to this act, or a rule or standard promulgated under this act, the board shall assess the employer a civil penalty of not more than $7,000.00 for each violation.","enforcement":"As quoted; the section is the penalty","functions":[],"notes":"Attached mandatory civil penalties to every violation of the MIOSHA Act, its rules and orders: up to $7,000 per serious violation (subsection (1)), up to $7,000 per day of failure to abate (subsection (2)), up to $70,000 and not less than $5,000 per willful violation (subsection (4)), and a felony punishable by one year\u0027s imprisonment and a $10,000 fine for a willful violation causing an employee\u0027s death (subsection (5)); MIOSHA applied these penalties to the COVID-19 Emergency Rules (Exs. AGY-ST-LABOR-WORKPLACE-064, -065).","sourceUrl":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-408-1035","snapshot":"","fileExists":true,"fileBytes":121585,"grade":"primary","character":"order_penalty","description":"","collection":"DUT-MI","url":"/library/DUT-MI-014","exhibitUrl":"/exhibit/DUT-MI-014","citation":"Michigan Legislature (Michigan Occupational Safety and Health Act, 1974 PA 154), MCL 408.1035, Civil and criminal penalties (MIOSHA Act sec. 35) (standing) (Ex. DUT-MI-014)","stateName":"Michigan","related":["AGY-ST-LABOR-WORKPLACE-064","AGY-ST-LABOR-WORKPLACE-065","DUT-MI-013"]}