Senate Bill 49 Creates More Ambiguity for MIOSHA’s Timely Issuance of Citations
Author: Andy Hilger
Proposed Michigan Senate Bill 49, introduced on February 4, 2025, by Senator John Cherry, revises various sections of the Michigan Occupational Safety and Health Act (MIOSHA), including §33, the section that addresses the time frame by which MIOSHA citations must be issued after an inspection. Unfortunately, SB 49, does nothing to nail down the outside limits of when MIOSHA citations must be issued, only further muddying that question.
Section 33 currently requires MIOSHA to issue citations “within 90 days after the completion of the physical inspection or investigation.” The timeframe tied to the physical inspection is relatively straightforward to calculate; however, nothing in the Act requires MIOSHA to conclude an investigation within a certain time after the physical inspection. Meaning, an investigation could drag on, well beyond 90 days from the physical inspection, making the 90-day timeframe tied to physical inspection irrelevant.
SB 49 proposes to modify §33 by requiring MIOSHA to issue the citation “not later than 90 days after the completion of the conference for the physical inspection or investigation…” While superficially helpful in prescribing a time period after the closing conference to issue a citation, the added language does nothing to compel MIOSHA to conduct a closing conference or to complete its investigation with a prescribed period of time, offering no solution to the indefiniteness of the existing and proposed language. SB 49 could be more helpful by adopting the approach of federal OSHA and requiring MIOSHA to issue a citation within six months of the physical inspection. End of story.
Statutes of limitation (the time period a party must proceed with a claim) provide certainty to all parties involved, whether for breach of contract claims, tort claims for property damage, or the timeframe for MIOSHA to issue citations.
SB 49 could be more helpful by adopting the approach of federal OSHA and requiring MIOSHA to issue a citation within six months of the physical inspection. End of story.
Instead of fixing the indefinite time frame for issuing citations, Senate Bill 49 propounds it.
SB 49 has been referred to the Committee on Labor, so stay tuned.
If you have questions or need assistance regarding this matter, please contact attorney Andy Hilger:
