Section 408.1006 - Definitions; P to W.
MICHIGAN OCCUPATIONAL SAFETY AND HEALTH ACT (EXCERPT)
Act 154 of 1974
408.1006 Definitions; P to W.
Sec. 6.
(1) “Place of employment” means a factory, plant, establishment, construction site or other similar area, workplace, or environment where an employee is permitted to work.
(2) “Political subdivision” means a city, village, township, county, school district, intermediate school district, or state or local government authorized or supported agency, authority, or institution.
(3) “Rule” means a rule as defined by section 7 of Act No. 306 of the Public Acts of 1969, being section 24.207 of the Michigan Compiled Laws. A rule may only be promulgated by the director of labor or director of health except as otherwise specifically prescribed in this act.
(4) “Serious violation” means a violation of this act, an order issued pursuant to this act, or a rule or standard promulgated under this act or adopted by reference pursuant to this act for which a substantial probability exists that death or serious physical harm could result from the violation or from a practice, means, method, operation, or process which is in use, unless the employer did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.
(5) “Standard” means a health or safety standard which specifies conditions, or the adoption or use of 1 or more practices, means, methods, operations, or processes necessary to provide safe and healthful employment in places of employment. Except as otherwise specifically prescribed in this act, only the:
(a) General industry safety standards commission may promulgate a standard relative to occupational safety.
(b) Construction safety standards commission may promulgate a standard relative to construction safety.
(c) Occupational health standards commission may promulgate a standard relative to occupational health.
(6) “Standards promulgation commission” means the general industry safety standards commission, the construction safety standards commission, or the occupational health standards commission.
(7) “Trade secret” means a confidential process, formula, pattern, device, or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it.
(8) “Wilful”, for the purpose of criminal prosecutions, means the intent to do an act knowingly and purposely by an individual who, having a free will and choice, either intentionally disregards a requirement of this act, or a rule or standard promulgated pursuant to this act, or is knowingly and purposely indifferent to a requirement of this act, or a rule or standard promulgated pursuant to this act. An omission or failure to act is wilful if it is done knowingly and purposely. Wilful does not require a showing of moral turpitude, evil purpose, or criminal intent provided the individual is shown to have acted or to have failed to act knowingly and purposely.
(9) “Working day” means any day other than a Saturday, Sunday, or state legal holiday.
History: 1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1977, Act 300, Eff. Mar. 30, 1978 ;-- Am. 1978, Act 455, Imd. Eff. Oct. 16, 1978