Section 408.1035a.added – Violations; Civil and Criminal Penalties.
***** 408.1035a.added THIS ADDED SECTION TAKES EFFECT WHEN ANY PROVISION OF SECTION 14 IS HELD TO BE UNCONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION, THE ALLOWABLE TIME FOR FILING AN APPEAL HAS EXPIRED OR THE APPELLANT HAS EXHAUSTED ALL AVENUES OF APPEAL, AND SECTION 35 IS REPEALED ***** 408.1035a.added Violations; civil and criminal penalties. Sec […]
Section 408.1036 – Civil Penalties; Assessment; Schedule; Payment; Recovering Unpaid Penalty.
408.1036 Civil penalties; assessment; schedule; payment; recovering unpaid penalty. Sec. 36. (1) The board shall assess civil penalties, considering the size of the business, the seriousness of the violation, the good faith efforts of the employer, and the history of previous citations, and may establish a schedule of civil penalties. (2) Beginning April 1, 1992, […]
Section 408.1037 – Evidence and Investigation of Criminal Violation.
408.1037 Evidence and investigation of criminal violation. Sec. 37. The department shall turn over evidence of a criminal violation of this act to the department attorney and shall assist in the investigation of a criminal violation. History: 1974, Act 154, Eff. Jan. 1, 1975 ;– Am. 1977, Act 300, Eff. Mar. 30, 1978
Section 408.1041 – Granting Additional Time for Compliance, Modification, or Dismissal of Citation and Penalty; Petition; Procedure; Effect of Failure to Petition; Action by Department; Notice; Finality of Decision; Appeal to Board.
408.1041 Granting additional time for compliance, modification, or dismissal of citation and penalty; petition; procedure; effect of failure to petition; action by department; notice; finality of decision; appeal to board. Sec. 41. Within 15 working days after receipt of a citation and proposed penalty, if any, an employer may petition the appropriate department for a […]
Section 408.1042 – Hearing; Order; Rules of Procedure; Report of Hearing Officer.
408.1042 Hearing; order; rules of procedure; report of hearing officer. Sec. 42. Upon receipt of a notice from an employer, employee, or an employee representative that the employer wishes to appeal the department’s decision relative to a citation, abatement period, or proposed penalty or fine, or that an employee or an employee representative wishes to […]
Section 408.1043 – Hearing; Conduct of Proceedings.
408.1043 Hearing; conduct of proceedings. Sec. 43. Proceedings in a hearing shall be conducted in accordance with the procedures applicable to the trial of contested cases under Act No. 306 of the Public Acts of 1969, as amended. History: 1974, Act 154, Eff. Jan. 1, 1975
Section 408.1044 – Review of Report of Hearing Officer; Powers of Board; Order Affirming or Modifying Abatement Requirements; Judicial Review of Order or Standard.
408.1044 Review of report of hearing officer; powers of board; order affirming or modifying abatement requirements; judicial review of order or standard. Sec. 44. (1) In reviewing a report of a hearing officer, the board by a vote of not less than a majority of its members may: (a) Dismiss the citation. (b) Modify the […]
Section 408.1017 – Workplace Ergonomics; Promulgation of Rules Prohibited; Federal Rules or Guidelines; “Workplace Ergonomics” Defined.
408.1017 Workplace ergonomics; promulgation of rules prohibited; federal rules or guidelines; “workplace ergonomics” defined. Sec. 17. (1) A department, board, or commission authorized to promulgate rules under this act shall not promulgate a rule or establish a standard regarding workplace ergonomics. This subsection does not apply to the adoption by reference of a federal workplace […]
Section 408.1018 – Repealed. 2012, Act 448, Imd. Eff. Dec. 27, 2012.
408.1018 Repealed. 2012, Act 448, Imd. Eff. Dec. 27, 2012. Compiler’s Notes: The repealed section pertained to creation, appointment, qualifications, and meetings of construction safety standards commission.
Section 408.1019 – Promulgation of Standards by Director.
408.1019 Promulgation of standards by director. Sec. 19. The director may promulgate construction safety standards in accordance with this act and based upon, but not limited to, generally accepted nationwide engineering standards and practices designed to prevent accidents and to protect the life and safety of employees engaged in construction operations. If practicable, the standards […]