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Friday, November 22, 2024

Michigan House passes bill reducing fines for grieving family farmers

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State Rep. Jerry Neyer | Michigan House Republicans

State Rep. Jerry Neyer | Michigan House Republicans

The Michigan House of Representatives has passed a bill aimed at reducing penalties for family farms that fail to report the workplace death of an immediate family member within the mandated eight-hour timeframe. The legislation, introduced by state Representative Jerry Neyer, received strong bipartisan support and marks Neyer's first successful bill in the Democrat-controlled House.

Neyer was motivated to address this issue after a 2019 incident where a family farm owner died while repairing a private barn roof, not part of farm operations. The Michigan Occupational Safety and Health Administration (MIOSHA) mandates reporting any employee workplace death within eight hours. The grieving family was fined over $12,000 for failing to comply with this rule.

"The intent of the law was to protect employees, but MIOSHA has discretion, and in this case, the state clearly failed to recognize the unique circumstances," Neyer stated. "It wasn’t just an employee who died; it was an immediate family member."

Neyer's background as a dairy farmer and his experience on agricultural boards informed his approach to the legislation. He emphasized the hazardous nature of farming and saw this as an opportunity to correct what he viewed as an injustice.

Under Neyer's bill, family farms must still report fatalities promptly, but fines will be reduced by 80% if there are no prior violations. A previous version of similar legislation was vetoed by Governor Whitmer due to technical issues, which have been addressed in Neyer's current proposal by clarifying definitions related to family farms.

Initially, Neyer sought to extend the reporting deadline from eight hours to seven days but set aside this change due to potential conflicts with federal OSHA regulations. He plans future collaboration with Congressman John Moolenaar on this aspect.

"This was a good first step. This will provide some leniency to grieving family members," said Neyer.

House Bill 4011 passed with 93 votes in favor and 13 against and now moves on to the Senate for consideration.

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