by Scott McClallen
House Oversight Committee testimony accused the Michigan Occupational Safety and Health Administration (MIOSHA) of needlessly fining the city of Port Huron $6,300 on Aug. 3, 2020, claiming the penalty was based on little more than a “general feeling.”
Port Huron paid between $15,000 to $20,000 to fight a “meritless” MIOSHA fine that at one time could have cost just $3,000, City Manager James Freed said. Despite the city spending more than $150,000 on cleaning and a “comprehensive” COVID plan, MIOSHA still fined them.
MIOSHA Inspector Matthew Hartman said an anonymous tip brought him to Port Huron. In his report, he wrote that he had a “general feeling” the city wasn’t following COVID rules, Freed said, reading from the report.
“No evidence, no observation – a general feeling,” Freed said of the fine’s basis, who was agitated the unresolved fine was announced in a statewide press release via the Michigan State Police.
“It was humiliating,” Freed said. He added he had the county’s COVID-19 preparedness plan detailing $150,000 of spending on personal protective equipment and sanitizer within reach when Hartman accused the city of slacking off on personal safety.
On Oct, 6, 2020, Freed appealed the fine and lost, even though he said he submitted all requested documents and even offered to review the alleged anonymous compliant via cameras, which Hartman declined.
“I felt very confident that once a supervisor pulled the case file and saw that no evidence, no violation was observed – it clearly would be dismissed… It didn’t,” Freed said.
The county appealed again through the Administrative Law Procedures Act. But by the time the case reached discovery, Hartman destroyed emails with his superior and burned notes, Freed said, despite an ongoing appeal. At that time, MIOSHA defended Pickelman.
“Sunshine needs to be shed on what happened in Port Huron,” Freed said. Freed accused MIOSHA of harboring a corrupt culture that burns documents even of ongoing cases.
“They get direction from MIOSHA leadership to destroy these communications in violation of the agency’s specific record retention laws,” Freed said.
In a deposition, Hartman agreed Port Huron appeared to be following COVID rules.
Despite the Michigan Supreme Court tossing Gov. Gretchen Whitmer’s orders on Oct. 2, 2020, Whitmer’s administration refused to dismiss the fine until Port Huron announced it would depose the MIOSHA Agency Director.
The conservative Michigan Freedom Fund demanded Whitmer refund every one of MIOSHA’s “illegal” COVID fines and apologize to Michiganders.
“While Whitmer spent months defying her own COVID rules and recommendations, her administration assumed guilt, refused to provide due process to those accused of violating her unconstitutional orders, and actively encouraged officials to destroy evidence that could have exonerated the accused,” executive director Tori Sachs said in a statement.
“The City of Port Huron spent tens of thousands of dollars to fight back against Whitmer’s illegal fines, but many small businesses and individuals couldn’t, and were bullied into paying fines for violations they didn’t commit. Whitmer should apologize and immediately rescind, dismiss and refund every one of MIOSHA’s fines and penalties related to her unconstitutional COVID-19 orders.”
It wasn’t until the Attorney General’s office reviewed it that the case was dropped.
When asked for a comment, MIOSHA referred The Center Square to expected testimony from MIOSHA Director Bart Pickelman, but the committee gaveled out before he testified.
In a written statement, Pickelman said MIOSHA responded to more than 18,000 employee complaints since March 2020, which only resulted in 550 citations — meaning about 97% of complaints don’t lead to fines.
Pickelman said the appeal process worked as intended.
“The dismissal or settlement of MIOSHA citations during the appeal process is a demonstration that the process is working as intended to provide employers a fair and objective review of their citations,” the statement said.
The five-page testimony rebutted that MIOSHA destroyed any evidence.
“The implications, based on the deposition of the MIOSHA inspector in the City of Port Huron case, that MIOSHA destroyed any information, records, or evidence is FALSE,” Pickelman’s statement said. “MIOSHA did not destroy any information, records, or evidence.”
– – –
Scott McClallen is a staff writer covering Michigan and Minnesota for The Center Square. A graduate of Hillsdale College, his work has appeared on Forbes.com and FEE.org. Previously, he worked as a financial analyst at Pepsi.
Photo “James Freed” by the City of Port Huron.
