Eisman family urges committee to reduce MIOSHA reporting penalty; committee hears House Bill 4017 testimony

Family members from a Blissfield farm told the Michigan House Agriculture Committee that the state's current MIOSHA reporting rule and penalties compounded their grief after a 2019 on-farm death and asked legislators to support House Bill 4017, which would reduce the penalty for failing to report an accident on a family farm operation.

"To expect anyone who had just lost a spouse or a brother ... to call a government agency and notify them of a death during the first eight hours ... and then penalize them with a maximum fine is unrealistic, heartless, and cruel," Barbara Eiseman told the committee as she described finding her husband deceased on the barn floor on Nov. 26, 2019.

Barbara Eiseman and relatives said their farm later received a $5,000 fine for failing to report the death within eight hours and an additional $12,000 in other penalties following the MIOSHA inspection and investigation. "We were in shock," Zell Eiseman said. "None of us thought of making that call." Noel Eiseman added, "I was in the barn that night. None of us thought of making that call."

A supporter of House Bill 4017 outlined the bill's intent to reduce mandatory penalties by 80% for qualifying family farm operations, and said the prior version of the bill had been vetoed by the governor on a technicality related to the definition of a family farm; the sponsor said that definition was corrected in the new bill language.

Committee members pressed witnesses on alternatives and implementation. Representative Lightner asked why the bill reduces penalties rather than lengthening the reporting window; witnesses and members said federal MIOSHA rules and state funding implications limit Michigan’s ability to change certain time and exemption parameters. Representative Lightner also said she favored eliminating the fine entirely; witnesses said that would require action at the federal level.

Committee members suggested other approaches discussed in testimony: improving outreach to first responders and local law enforcement so they can notify families of reporting obligations at the scene, encouraging industry groups to provide emergency-action plans for small farms, and clarifying how MIOSHA determines whether an incident on privately owned property constitutes a workplace incident under its jurisdiction.

Why it matters: testimony highlighted how a one-size-fits-all reporting requirement designed for larger employers can create disproportionate financial burdens for small family operations and raised practical questions about how MIOSHA enforcement interacts with coroners, sheriffs and emergency responders.

Clarifying details from testimony: MIOSHA requires that an accidental death at a workplace be reported within eight hours; the Eisenman family reported being assessed a $5,000 fine for the reporting violation and roughly $12,000 in additional penalties from the inspection related to ladder/roof safety, personal protective equipment and one other cited deficiency. The death cited in testimony occurred on Nov. 26, 2019. Witnesses said the bill would reduce the mandatory penalty by 80% for qualifying family farm operations; no committee vote was recorded at this hearing.

Committee cards read after testimony showed the Michigan Farm Bureau supported the bill and the Michigan AFL-CIO registered opposition (both entries were noted without speakers appearing to testify). Representative Alexander moved to adopt the Feb. 20 meeting minutes earlier in the session; that motion passed by unanimous consent. The committee took no formal vote on House Bill 4017 during this hearing.