SENATE BILL NO. 623

A bill to amend 1974 PA 154, entitled

"Michigan occupational safety and health act,"

by amending section 65 (MCL 408.1065).

the people of the state of michigan enact:

Sec. 65. (1) A person shall not discharge an employee or in any manner discriminate against an employee because the employee filed a complaint or instituted or caused to be instituted a proceeding under or regulated by this act or has testified or is about to testify in such a proceeding or because of the exercise of a right under this act by the employee on behalf of himself or herself the employee or others. of a right afforded by this act.

(2) An employee who believes that he or she the employee was discharged or otherwise discriminated against by a person in violation of this section may file a complaint with the department of labor alleging the discrimination within 30 not later than 180 days after the violation occurs. Upon receipt of the complaint, the department of labor and economic opportunity shall cause an investigation to be made as it considers appropriate. If, upon the investigation, the department determines that this section was violated, the department shall order all appropriate relief, including rehiring or reinstatement of an employee to his or her the employee's former position with back pay.

(3) The director of the department of labor and economic opportunity, within not more than 90 days after the receipt of a complaint filed under this section, shall notify the complainant of the determination under subsection (2).

(4) The employer or employee may request a review of the department's determination within not more than 15 working days after notification is issued. If a request for a review by either the employer or employee is not received by the department within 15 working days, the 15-working-day period, in the absence of a showing of good cause for a late request, the department's determination is final. The employee, employer, and the department shall must be parties to a proceeding before a hearings officer brought pursuant to under this section.

(5) The director shall appoint hearings officers to make determinations in proceedings brought pursuant to under this section. All proceedings in a hearing shall must be conducted pursuant to the procedures applicable to the trial of contested cases under Act No. 306 of the Public Acts in accordance with chapter 4 of the administrative procedures act of 1969, as amended. 1969 PA 306, MCL 24.271 to 24.288. The hearings officer shall affirm, modify, or rescind the order of the department and may order an employer who violates this section to pay attorney costs, hearing costs, and transcript costs. The hearings officer shall issue a determination, which constitutes a final disposition of the proceedings, to each party within not later than 30 working days after the conclusion of the hearing. The determination of the hearings officer shall become becomes the final agency order upon receipt by the parties.

(6) A party to the proceeding may obtain judicial review within not later than 60 days after receipt of the determination of the hearings officer pursuant to Act No. 306 of the Public Acts of 1969, as amended. in accordance with chapter 6 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to 24.306. Venue for an appeal under this act shall must be only in the circuit where the employee is a resident, where the employment occurred, or where the employer has a principal place of business.

(7) In absence of an appeal by an employer who that has not complied with the determination of the hearings officer, the director of labor and economic opportunity shall initiate, in the county where the violation occurred, in the county of Ingham County, or in the county where the employer has its principal office, the civil action necessary to enforce an order of the department which that has become a final agency order as prescribed in under this act.

(8) For the purpose of an investigation or proceeding under this section, the director of labor and economic opportunity or an authorized representative of the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of records or other documents which that the department considers relevant or material to the inquiry.