MICHIGAN OCCUPATIONAL SAFETY AND HEALTH ACT
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 in section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207. A rule may only be promulgated by the director 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 that 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 that 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.
(6) "Trade secret" means a confidential process, formula, pattern, device, or compilation of information that is used in the employer's business and that gives the business an opportunity to obtain an advantage over competitors who do not know or use it.
(7) "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.
(8) "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 ;-- Am. 2012, Act 416, Eff. Dec. 27, 2012
Notes of Decisions
People v. Lanzo Constr. Co., 726 N.W.2d 746 (Mich. Ct. App. 2007).
· cites it 5× “According to *477 defendant, because willfulness, as set forth in MCL 408.1006, effectively incorporates the equivalent of gross negligence for involuntary manslaughter, the trial court’s finding that defendant was not guilty of manslaughter precluded the court from convicting…”
People v. Waterstone, 296 Mich. App. 121 (Mich. Ct. App. 2012).
“MCL 408.1006(8). See, also, People v Lanzo Constr Co, 272 Mich App 470, 475 ; 726 NW2d 746 (2006).”
People v. Hegedus, 443 N.W.2d 127 (Mich. 1989).
“MCL 408.1006(8); MSA 17.50(6)(8) provides: "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…”
People v. Medlyn, 544 N.W.2d 759 (Mich. Ct. App. 1996).
“50(6)(8), which provides: "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…”
Blue Cross & Blue Shield of Mich. v. Ins. Bureau, 304 N.W.2d 499 (Mich. Ct. App. 1981).
“” See also the Restatement of Torts, § 757, Comment B, p 6, quoted by the Kubik Court and the similar definitions of "trade secret” embodied in the Michigan Occupational Safety and Health Act, MCL 408.1006(7); MSA 17.50(6)(7), and criminal trade secrets act, MCL 752.”
— Mich. Comp. Laws § 408.1006(1) — 1 case
— Mich. Comp. Laws § 408.1006(5) — 1 case
— Mich. Comp. Laws § 408.1006(7) — 1 case
Blue Cross & Blue Shield of Mich. v. Ins. Bureau, 304 N.W.2d 499 (Mich. Ct. App. 1981).
“” See also the Restatement of Torts, § 757, Comment B, p 6, quoted by the Kubik Court and the similar definitions of "trade secret” embodied in the Michigan Occupational Safety and Health Act, MCL 408.1006(7); MSA 17.50(6)(7), and criminal trade secrets act, MCL 752.”
— Mich. Comp. Laws § 408.1006(8) — 4 cases
People v. Lanzo Constr. Co., 726 N.W.2d 746 (Mich. Ct. App. 2007).
“According to *477 defendant, because willfulness, as set forth in MCL 408.1006, effectively incorporates the equivalent of gross negligence for involuntary manslaughter, the trial court’s finding that defendant was not guilty of manslaughter precluded the court from convicting…”
People v. Waterstone, 296 Mich. App. 121 (Mich. Ct. App. 2012).
“MCL 408.1006(8). See, also, People v Lanzo Constr Co, 272 Mich App 470, 475 ; 726 NW2d 746 (2006).”
People v. Hegedus, 443 N.W.2d 127 (Mich. 1989).
“MCL 408.1006(8); MSA 17.50(6)(8) provides: "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…”
People v. Medlyn, 544 N.W.2d 759 (Mich. Ct. App. 1996).
“50(6)(8), which provides: "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…”
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