The Michigan House of Representatives this week passed bipartisan legislation aimed at protecting farms from steep penalties in the wake of a work-related death involving an immediate family member.
House Bill 4017, sponsored by Rep. Jerry Neyer (R-Shepherd) and supported by Michigan Farm Bureau, would significantly reduce penalties for family farms that fail to report such deaths within the state’s current eight-hour requirement.
Neyer, a farmer and proud Isabella County Farm Bureau member, said the bill recognizes the emotional toll of losing a loved one and the need for compassion in enforcing workplace safety regulations.
“The death of a loved one is one of the hardest moments we face, especially for farming families who work together day in and day out for their entire lives,” said Neyer. “What we’re trying to do with my plan is ensure our farm families aren’t hit with massive penalties because they missed an obscure state requirement while grieving the unexpected loss of a loved one. If my brother, father, or child were to – God forbid – die in a tragic accident, my first response would be caring for the people I love, not filing paperwork with the state.”
The effort to change Michigan’s current law was prompted by the 2019 death of Lenawee County farmer Keith Eisenmann, who died in a tragic farm accident. His family, still reeling from the loss, was fined $12,000 by MIOSHA for failing to report the accident within the required timeframe. Their appeal was denied.
This marks the third attempt to pass the legislation. The first version was vetoed by Gov. Gretchen Whitmer in 2021, and the second stalled in the Senate in 2023. The latest version passed the House this week on an 80-25 vote and now heads to the Senate for further consideration.
“This time around, I’ve been working with senators left and right to make sure they understand the importance of getting this done,” Neyer said. “The Eisenmann family has been waiting long enough — it’s time the Legislature finally does its job and delivers for these people.”
MFB Associate Legislative Counsel Josh Scramlin testified in support of the bill before the House Rules Committee on May 22.
“This legislation does not eliminate the requirement to report fatalities,” Scramlin said. “We recognize that MIOSHA plays a critical role in protecting workers and that timely reporting helps prevent unsafe conditions from being concealed. But it’s essential to recognize that these excessive penalties will not prevent on-farm accidents in the future.”
Scramlin noted that under HB 4017, farms with no prior violations would see the penalty for late reporting reduced by 80%.
“Our member-driven policy supports appropriate safety regulations, but it also opposes enforcement action against an owner/operator resulting from a self-imposed accidental injury. That’s precisely what happened in the case of the Eisenmann family.”
To view Neyer and Scramlin’s testimony, start around the 6:30 mark in the House TV recording.
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