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Rep. Reilly: Workplace citation violated due process
RELEASE|February 17, 2022

State Rep. John Reilly, who serves on the House Oversight Committee, today slammed the Michigan Occupational Safety and Health Administration (MIOSHA) for violating due process rights in its regulatory enforcement.

The committee today heard testimony from James Freed, city manager of Port Huron, about a citation the municipal government received for COVID-19 workplace violations. MIOSHA did not provide evidence for a specific violation, but did cite a “general feeling.” The city declined an offer to settle and pay, appealing instead.

The appeal brought to light the fact that documents relating to the citation had been destroyed. The investigator’s handwritten notes had been burned, and emails had been deleted.

“With no real evidence, MIOSHA cited Port Huron for safety violations, but it was MIOSHA itself that violated due process,” said Reilly, R-Oakland Township. “We may never know how many businesses in Michigan paid the penalty for illegitimate accusations like those lobbed at Port Huron. This astounding overreach must never be repeated.”

The case against Port Huron was dismissed last year.

Reilly said the committee plans to have additional hearings in the weeks ahead to review a variety of MIOSHA’s actions and procedures.

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