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HF 1721

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; requiring initial and continuing training in dementia
care and mental illness care for certain direct care staff; requiring employers to
maintain training records; establishing employee access to training records;
amending Minnesota Statutes 2006, sections 182.653, by adding a subdivision;
182.654, subdivision 10.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 182.653, is amended by adding a
subdivision to read:


new text begin Subd. 4h. new text end

new text begin Dementia care and mental illness care training. new text end

new text begin (a) An employer that
operates a facility that provides services for persons with Alzheimer's disease or other
forms of dementia shall provide direct care staff and their supervisors a minimum of eight
hours of training in protection and safety considerations for interactions with persons
suffering from Alzheimer's disease and other forms of dementia or chronic and persistent
mental illness, including, but not limited to, mental illness and dementia resulting from
chemical dependency and withdrawal. This training shall begin immediately upon
employment and be completed within three months. Within 12 months following the
completion of the initial training and annually thereafter, direct care staff and their
supervisors shall annually be provided four hours of continuing training. Training
provided under sections 144.6503, 144A.45, 144D.065, and 245A.04 may count towards
satisfaction of the training requirement in this subdivision if that training satisfies the
provisions of this subdivision.
new text end

new text begin (b) An employer shall maintain a list of names and positions of employees trained,
the total hours and dates on which training was conducted, and the subjects covered in
training. This information shall be provided to employees when requested under section
182.654, subdivision 10.
new text end

new text begin (c) An employer covered by this subdivision shall establish a written workplace
accident and injury reduction program (AWAIR) as described in subdivision 8.
new text end

new text begin (d) The training required under this subdivision shall be consistent with the United
States Department of Labor Occupational Safety and Health Administration's guidelines
for preventing workplace violence for health care and social service workers.
new text end

new text begin (e) A facility whose direct care staff are represented by a collective bargaining
representative shall meet and confer with the representative for the purpose of reaching
agreement on the terms and conditions of the training program. A facility shall be required
to submit and file a copy of its training program to the commissioner. For a facility with
care staff represented by a collective bargaining representative, the filed copy shall reflect
the approval of the representative.
new text end

Sec. 2.

Minnesota Statutes 2006, section 182.654, subdivision 10, is amended to read:


Subd. 10.

Access to information.

An employee, except an employee employed
in a farming operation with ten or fewer employees and no temporary labor camp, or
the designated representative of the employee has the right to request and receive from
the employer, within a reasonable period of time, access to information the employer is
required to provide the employee under section 182.653, subdivision 4b, 4c, 4d, deleted text begin ordeleted text end 4enew text begin , or
4h
new text end . For the purposes of this subdivision and section 182.668, subdivision 5, "designated
representative" means a labor organization, as defined in section 179.01, subdivision
6
, that represents employees under a valid collective bargaining agreement, or another
employee whom an employee or former employee has authorized, in writing, to exercise
the employee's rights under this chapter.

Every employee employed in a farming operation with ten or fewer employees and
no temporary labor camp, and any agricultural employee association or union representing
that employee, shall have the right, upon request, to receive from their employer, within a
reasonable period of time, any information on a label that is required by any federal or
state health and safety law to be on the container of any substance or chemical to which
the employee is routinely exposed.