New farm fatality legislation introduced, adopted

House Bill 4011 would reduce the penalty for family farm fatality reporting by 80% and create new definitions for what’s considered a family farm.

That’s the proposed and adopted legislation from Michigan Reps. Jerry Neyer and Graham Filler. They aim to correct what happened to the Eisenmanns in 2019 when Blissfield Township farmer Keith Eisenmann's accidental death led to his widow paying a $12,000 fine.

Previously, the proposed House Bill 4031 would amend the Michigan Occupational Safety and Health Act (MIOSHA) to decrease penalties for failing to report injuries, but Gov. Whitmer vetoed the legislation in 2022 due to concerns over compliance with federal OSHA.

Currently, employers must report injuries within 24 hours and 8 hours for a workplace fatality.

Failure to do so results in a $5,000 fine.

“The substitute before you today fixes that definition per (Labor and Economic Opportunity’s) listing of family farm members,” Neyer, an Isabella County Farm Bureau member, told Michigan House Agriculture members on Wednesday.

“A family farm member is defined as a spouse, child, stepchild, foster child, parent, step-parent or foster parent. Also amended in this bill is the definition of family farm, which is a small farm where there is not a hired farm manager who would be able to file in time a death report; more than 50% of the farm employees are family members and have no more than nine non-family farm members employed; and does not have a temporary labor camp.”

The bill also defines a family farm operation as a sole proprietorship, partnership, or family corporation that is owned by the operator or operator’s family members and doesn’t employ a “human resource” person.

HB 4031 passed the Michigan House and Senate in 2021 with overwhelming support, 29-9 and 76-25.

HB 4011 would amend section 35 of 1974 PA 154.

The new bill meets all the governor’s requirements, said Ben Tirrell, associate legislative counsel for Michigan Farm Bureau. 

“This bill means a great deal to our members,” Tirrell said.

“When a serious injury or fatality occurs, it completely alters daily life; daily life that is already more challenging than many can imagine. Farm families will inevitably continue to miss these timelines. This bill does not even remove the reporting violation penalty but simply creates an automatic reduction only when the injury or fatality affects the farmer or a member of their family.”

In the simplest sense, Tirrell said, “HB 4011 guarantees a smaller fine for failing to do what is ultimately an unrealistic task for farm families across the state.”