The COVID Project
The record
- Jurisdiction
- Michigan
- Level
- State
- Authority
- Const. 1963, art. 4, secs. 49 and 51; MIOSHA Act, MCL 408.1001-408.1094 (State plan approved under 29 U.S.C. 667)
- 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
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- employers (every employer covered by the MIOSHA Act, MCL 408.1005)
- Character
- workplace duty
- Collection
- Standing duties: Michigan DUT-MI
Operative words
An employer shall: (a) Furnish to each employee, employment and a place of employment that is free from recognized hazards that are causing, or are likely to cause, death or serious physical harm to the employee. (b) Comply with this act and with the rules and standards promulgated and the orders issued pursuant to this act.
Penalty
MCL 408.1035: civil penalty up to $7,000 per serious violation and per day of failure to abate; up to $70,000 (not less than $5,000) per willful or repeated violation; felony for a willful violation causing death (Ex. DUT-MI-014)
What it required
Bound every Michigan employer, in every quarter, to furnish a workplace free from recognized hazards likely to cause death or serious physical harm, to comply with every MIOSHA rule, standard and order (including the COVID-19 Emergency Rules of October 14, 2020 to June 22, 2021, Exs. MI-054, MI-074), to post notices of employees' protections (subsection (c)) and to provide personal protective equipment where a rule so requires (subsection (d)).
Retrieval noteMichigan is a State-plan State; MIOSHA, in the Department of Labor and Economic Opportunity, enforces this section in place of federal OSHA for private employers. The Governor's workplace-safeguard orders of May 18 to October 2, 2020 (Exs. MI-027, SEC-09-034, MI-032, MI-041, MI-043, MI-046) and the MIOSHA Emergency Rules (Ex. MI-054) supplied the COVID-19 content of this standing duty; the general duty in subsection (a) was the enforcement basis before the rules were filed.