{"id":10197,"date":"2025-11-04T13:08:00","date_gmt":"2025-11-04T18:08:00","guid":{"rendered":"https:\/\/oshadefensereport.com\/?p=10197"},"modified":"2026-03-20T13:37:22","modified_gmt":"2026-03-20T17:37:22","slug":"michigan-lawmakers-consider-raising-miosha-penalties-to-match-federal-levels","status":"publish","type":"post","link":"https:\/\/www.connmaciel.com\/osha-defense-report\/michigan-lawmakers-consider-raising-miosha-penalties-to-match-federal-levels\/","title":{"rendered":"Michigan Lawmakers Consider Raising MIOSHA Penalties to Match Federal Levels"},"content":{"rendered":"

By Tony Casaletta<\/a><\/strong><\/span>, Valerie Butera<\/a><\/strong><\/span>, and Darius Rohani-Shukla<\/a><\/strong><\/span><\/p>\n

On October 23, 2025, the Michigan Senate Labor Committee heard testimony on Senate Bills 49<\/a><\/strong><\/span> and 50<\/a><\/strong><\/span> (SB 49\u201350) \u2014 legislation aimed at raising Michigan Occupational Safety and Health Administration\u2019s (MIOSHA) civil penalty authority to match federal OSHA penalty levels. Supporters of the bills, including lawmakers and safety officials, emphasized that updating Michigan\u2019s penalty structure is crucial to keeping the state in compliance with federal requirements and preserving Michigan\u2019s authority to effectively regulate workplace safety. Without these adjustments, Michigan risks losing its approved State OSH Plan status, which allows the state to manage its own occupational safety and health program rather than defaulting to federal OSHA jurisdiction over Michigan workplaces.<\/p>\n

Both bills would also shift MIOSHA administration and enforcement responsibilities from the Department of Licensing and Regulatory Affairs (LARA) and Department of Health and Human Services (DHHS) to the Department of Labor and Economic Opportunity (LEO).<\/strong> This centralization is intended to streamline oversight and align MIOSHA with broader labor and employment policy initiatives.<\/p>\n

Why the Change Is Needed<\/strong><\/p>\n

Michigan is one of only six states that have not yet adopted the updated federal OSHA maximum civil penalties established in 2016 (and rising with inflation every year since). According to MIOSHA Director Bart Pickelman, this gap between state and federal standards has already led to federal audit findings and warnings that Michigan could lose its authority to oversee workplace safety if it fails to act soon.<\/p>\n

\u201cFailure to update our statute to match federal amounts may result in U.S. OSHA taking over jurisdiction in Michigan,\u201d Pickelman told lawmakers.<\/p>\n

If federal OSHA were to assume control, an estimated 600,000 public employees in Michigan would lose the workplace safety oversight currently guaranteed under MIOSHA, since federal OSHA does not cover public-sector workers. In addition, the state would forfeit local control, Lansing-based program administration, and stakeholder involvement in shaping safety and health policy \u2014 key elements that have long distinguished Michigan\u2019s approach to occupational safety.<\/p>\n

Here is a table that outlines MIOSHA\u2019s current and proposed new civil penalty authority, along with other notes, such as available penalty reductions:<\/p>\n\n\n\n\n\n\n\n\n\n\n
\n

Citation Characterization<\/u><\/strong><\/p>\n<\/td>\n

Current MIOSHA
\nMax Civil Penalty<\/u><\/strong><\/td>\n		Proposed New Penalties<\/u><\/strong><\/td>\n\n

Notes \/
\nAffected Sections<\/u><\/strong><\/p>\n<\/td>\n<\/tr>\n

\n

Maximum penalty \u2014 Serious citation<\/strong><\/p>\n<\/td>\n

$7,000<\/td>\n$16,550<\/td>\n\n

SB 49 proposes multiple MIOSHA Act amendments (MCL 408.1004, 408.1013, 408.1014, etc.) to enable alignment with federal amounts.<\/p>\n<\/td>\n<\/tr>\n

\n

Maximum penalty \u2014 Willful \/ Repeat citation<\/strong><\/p>\n<\/td>\n

$70,000<\/td>\n$165,514<\/td>\n\n

Substantive increase intended to match federal OSHA.<\/p>\n<\/td>\n<\/tr>\n

\n

Average assessed penalty \u2014 all employers (serious)<\/strong><\/p>\n<\/td>\n

$1,333<\/td>\nn\/a<\/td>\n\n

Average assessed penalties remain modest due to MIOSHA reductions.<\/p>\n<\/td>\n<\/tr>\n

\n

Average assessed penalty \u2014 employers \u226425 employees (serious)<\/strong><\/p>\n<\/td>\n

$637<\/td>\nn\/a<\/td>\n\n

Small employers receive substantial reductions.<\/p>\n<\/td>\n<\/tr>\n

\n

Penalty reductions available<\/strong><\/p>\n<\/td>\n

– Up to 80% reduction (size) – 30% for good-faith cooperation – 10% for no citations in 3 years<\/td>\nSame framework<\/td>\n\n

SB 49 amendments codify penalty provisions but do not change reductions.<\/p>\n<\/td>\n<\/tr>\n

\n

Administration & enforcement<\/strong><\/p>\n<\/td>\n

Enforced\/administered by LARA and DHHS<\/td>\nProposed transfer to Department of Labor & Economic Opportunity (LEO)<\/td>\n\n

Streamlined administrative oversight under new legislation.<\/p>\n<\/td>\n<\/tr>\n

Public employee coverage<\/strong><\/td>\nMIOSHA covers public employees<\/td>\nn\/a<\/td>\n\n

Loss of state-plan status would remove protections for approximately 600,000 public employees.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Penalty Reductions & Employer Considerations<\/strong><\/p>\n

MIOSHA applies statutory and discretionary reductions that lower assessed penalties:<\/p>\n