HF 1587

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to labor; modifying data privacy provisions 
  1.3             in the department of labor and industry; amending 
  1.4             Minnesota Statutes 1998, sections 175.16, subdivision 
  1.5             2; and 182.659, subdivisions 4 and 8. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 175.16, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [FRAUD INVESTIGATION UNIT.] The department of 
  1.10  labor and industry shall contain a fraud investigation unit for 
  1.11  the purposes of investigating fraudulent or other illegal 
  1.12  practices of health care providers, employers, insurers, 
  1.13  attorneys, employees, and others related to workers' 
  1.14  compensation and to investigate other matters under the 
  1.15  jurisdiction of the department. 
  1.16     An investigator of the fraud investigation unit of the 
  1.17  department of labor and industry has the inspection authority of 
  1.18  the commissioner provided under section 182.659 and may apply 
  1.19  this authority to subjects of investigations under this 
  1.20  subdivision. 
  1.21     Notwithstanding section 176.231, the fraud investigation 
  1.22  unit may share investigative data obtained during the course of 
  1.23  an investigation or workers' compensation claim file information 
  1.24  with other local, county, state, or federal law enforcement 
  1.25  agencies. 
  2.1      Sec. 2.  Minnesota Statutes 1998, section 182.659, 
  2.2   subdivision 4, is amended to read: 
  2.3      Subd. 4.  Any employee or representative of employees who 
  2.4   believes that a violation of a safety or health standard exists 
  2.5   that threatens physical harm, or that an imminent danger exists, 
  2.6   may request an inspection by giving notice to the commissioner 
  2.7   of such violation or danger.  Information provided to the 
  2.8   commissioner by an employee making a request for an inspection 
  2.9   shall be classified as protected nonpublic data pursuant to 
  2.10  section 13.39, subdivision 2.  Any such notice shall be reduced 
  2.11  to writing, shall set forth with reasonable particularity the 
  2.12  grounds for the notice, and shall be signed by the employee or 
  2.13  representative of employees.  A copy of the notice shall be 
  2.14  provided the employer or agent no later than the time of the 
  2.15  inspection, except that, upon the request of the person giving 
  2.16  such notice, the employee's name and the names of individual 
  2.17  employees referred to therein shall not appear in such copy or 
  2.18  on any record published, released, or made available pursuant to 
  2.19  section 182.663, subdivision 4.  If upon receipt of such 
  2.20  notification the commissioner determines that there are 
  2.21  reasonable grounds to believe that such violation or danger 
  2.22  exists, the commissioner shall make a special inspection in 
  2.23  accordance with the provisions of this section as soon as 
  2.24  practicable, to determine if such danger or violation exists.  
  2.25  An inspection conducted pursuant to a complaint may cover all of 
  2.26  the premises of the employer and shall not be limited to that 
  2.27  portion of the premises specified in the notice.  If the 
  2.28  commissioner determines that there are no reasonable grounds to 
  2.29  believe that such a violation or danger exists the commissioner 
  2.30  shall notify the employee or representative of employees in 
  2.31  writing of such determination.  Upon such notification the 
  2.32  employee or the employee representative may request the 
  2.33  commissioner to reconsider the determination.  Upon receiving 
  2.34  such request the commissioner shall review the determination.  
  2.35     Sec. 3.  Minnesota Statutes 1998, section 182.659, 
  2.36  subdivision 8, is amended to read: 
  3.1      Subd. 8.  Neither the commissioner nor any employee of the 
  3.2   department, including those employees of the department of 
  3.3   health providing services to the department of labor and 
  3.4   industry, pursuant to section 182.67, subdivision 1, is subject 
  3.5   to subpoena for purposes of inquiry into any occupational safety 
  3.6   and health inspection except in enforcement proceedings brought 
  3.7   under this chapter.  All written information, documentation and 
  3.8   reports gathered or prepared by the department pursuant to an 
  3.9   occupational safety and health inspection are public information 
  3.10  once the departmental inspection file is closed.