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HB 4436

Labor: health and safety; employee communication regarding an occupational safety and health practice or hazard related to a communicable disease; prohibit an employer from taking an adverse employment action based on. Amends 1974 PA 154 (MCL 408.1001 - 408.1094) by adding sec. 66.

2025-2026 Regular Session Introduced by Joey Andrews and 26 co-sponsors

HB 4436 adds protections for employees who disclose safety, hazard, or communicable disease information by banning retaliation, voiding restrictive contracts/policies, and creating

bill electronically reproduced 05/06/2025
#civilrights:employmentdiscrimination #labor:discrimination #labor:healthandsafety #labor:workingconditions
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Bill Summary · HB 4436

Summary of House Bill 4436 (Michigan)

Overview

House Bill 4436 proposes to strengthen protections for employees who disclose information related to occupational safety and health practices, workplace hazards, or communicable diseases. It would amend the Michigan Occupational Safety and Health Act (1974 PA 154) by adding a new Sec. 66. The bill is introduced in the 2025 session and has a companion Senate bill (SB 3010). It is currently in Committee on Economic Competitiveness after the May 2025 introduction.

  • Bill: HB 4436
  • Title: Labor: health and safety; employee communication regarding an occupational safety and health practice or hazard related to a communicable disease; prohibit an employer from taking an adverse employment action based on. Amends 1974 PA 154 by adding Sec. 66.
  • Introduced: March 11, 2025; electronically reproduced May 6, 2025
  • Status: Referred to Committee on Economic Competitiveness
  • Related: Companion SB 3010

Purpose and intent

The bill aims to protect employees who disclose information about:
- occupational safety and health practices,
- workplace hazards,
- communicable diseases (as defined in the public health code, §5101)
and to shield them from retaliation, coercion, or discrimination by employers or others.

Key provisions and changes

  • Sec. 66 (1) Prohibited actions by an employer

    • (a) Discharging or discriminating against an employee for disclosing information about:
    • an occupational safety/health practice,
    • a workplace hazard, or
    • a communicable disease (as defined by public health code §5101) to the employer, the employer’s agent, other employees, a governmental agency, or the public (including via print, online, social media, etc.).
    • (b) Requiring or attempting to require an employee to:
    • sign a contract or agreement containing a clause that limits/disallows disclosure of such information (a provision that violates this subparagraph is void), or
    • follow a workplace policy that limits/disallows disclosure of such information (a policy violating this subparagraph is void).
    • (c) Discharging or discriminating against an employee for wearing their own personal protective equipment (PPE) if the PPE provides more protection than what the employer provides.

  • Sec. 66 (2) Rebuttable presumption

    • If an employer discharges or discriminates against an employee within 90 days after the employee engages or attempts to engage in a protected activity described in Sec. 66(1), a presumption arises that the employer violated Sec. 66.
    • The presumption can be rebutted with clear and convincing evidence showing the employer’s action was otherwise authorized under law.

Who/what is affected

  • Affects: Employers (and their agents), employees, and potentially the public when information is disclosed about safety practices, hazards, or communicable diseases.
  • Protections apply even if information is disclosed to government bodies or the public via media and other channels.
  • Applies to personal protective equipment choices by employees (if the employee’s PPE offers greater protection).

Procedural and timeline aspects

  • Introduced: March 11, 2025
  • First reading: April 2, 2025
  • Referral: State Affairs (initially); subsequently to Committee on Economic Competitiveness
  • Status: Electronic reproduction and introduction noted May 6–7, 2025
  • Companion: SB 3010 (Senate)

Potential impact and considerations

  • Strengthens employee protections against retaliation for whistleblowing related to workplace safety and infectious disease concerns.
  • Prohibits contractual or policy-based efforts to silence disclosures, strengthening transparency and safeguarding patient/public health.
  • Creates a 90-day presumption window for retaliation cases, providing a clearer evidentiary path for alleging violations (shifts burden and incentives for employers to justify actions).
  • Could affect employer enforcement practices, HR policies, PPE provisioning, and disclosure protocols.
  • Enforcement specifics (e.g., remedies, private right of action, or state enforcement) are not included in the provided text and would be clarified in the bill’s full language or future amendments.

Summary takeaway

HB 4436 would add a new Sec. 66 to Michigan’s occupational safety and health act, prohibiting retaliation against employees for sharing information about safety practices, hazards, or communicable diseases, voiding contracts/policies that limit such disclosures, and granting a rebuttable 90-day presumption of retaliation in protected-action cases. It aligns with broader civil rights and labor protections by reinforcing employee rights to discuss and report health and safety issues without fear of adverse employment consequences.

Compiled from official sources — confirm details with the bill’s official record.

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