Skip to content
The COVID Project
  1. Library
  2. Standing duties: Michigan
  3. DUT-MI-014

Ex. DUT-MI-014 Standing duty Primary source read

MCL 408.1035, Civil and criminal penalties (MIOSHA Act sec. 35)

MIOSHA Act sec. 35: civil penalties for serious, failure-to-abate, willful and repeated violations; felony for a willful violation causing death

Michigan Legislature (Michigan Occupational Safety and Health Act, 1974 PA 154) · Michigan (State)

The COVID Project

The record

Jurisdiction
Michigan
Level
State
Authority
MIOSHA Act, MCL 408.1001-408.1094
Issued
1975-01-01 Jan. 1, 1975
Effective
1975-01-01
End
standing (read as 2021-09-30)
In force
Standing since Jan. 1, 1975 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers
Character
order penalty
Collection
Standing duties: Michigan DUT-MI

Operative words

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.

Penalty

As quoted; the section is the penalty

What it required

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's imprisonment and a $10,000 fine for a willful violation causing an employee's death (subsection (5)); MIOSHA applied these penalties to the COVID-19 Emergency Rules (Exs. AGY-ST-LABOR-WORKPLACE-064, -065).

Retrieval note

The citations in the library: Daner's Diner, inspection Nov. 17-Dec. 9, 2020, issued Dec. 23, 2020, Citation 1 Items 1a-3 'Serious' under Emergency Rules 4(1), 10(1), 5(4), 5(5), 6(1), proposed penalties $700, $400 and $400 (Ex. AGY-ST-LABOR-WORKPLACE-064); Midway Rentals and Sales, inspection Nov. 18-19, 2020, issued Jan. 26, 2021, Citation 1 Item 1a 'Serious,' proposed penalty $1,200, and Citation 2 Items 1-2 'Other-than-Serious' under Rules 4(3) and 11(1) (Ex. AGY-ST-LABOR-WORKPLACE-065).