HF 2044

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

  1.1                          A bill for an act 
  1.2             relating to employment; raising burial expense 
  1.3             reimbursement; modifying occupational safety and 
  1.4             health provisions; amending Minnesota Statutes 1998, 
  1.5             sections 176.111, subdivision 18; 182.6625; and 
  1.6             182.666. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 176.111, 
  1.9   subdivision 18, is amended to read: 
  1.10     Subd. 18.  [BURIAL EXPENSE.] In all cases where death 
  1.11  results to an employee from a personal injury arising out of and 
  1.12  in the course of employment, the employer shall pay 
  1.13  the reasonable expense of burial, not exceeding in 
  1.14  amount $7,500 $15,000.  In case any dispute arises as to the 
  1.15  reasonable value of the services rendered in connection with the 
  1.16  burial, its reasonable value shall be determined and approved by 
  1.17  the commissioner, a compensation judge, or workers' compensation 
  1.18  court of appeals, in cases upon appeal, before payment, after 
  1.19  reasonable notice to interested parties as is required by the 
  1.20  commissioner.  If the deceased leaves no dependents, no 
  1.21  compensation is payable, except as provided by this chapter. 
  1.22     Sec. 2.  Minnesota Statutes 1998, section 182.6625, is 
  1.23  amended to read: 
  1.24     182.6625 [HONORING DECEASED WORKERS.] 
  1.25     The commissioner shall cooperate with the board of 
  1.26  directors of the labor interpretive center and the Minnesota 
  2.1   historical society to develop a memorial in honor of workers 
  2.2   involved in fatal accidents.  The memorial shall be of such a 
  2.3   type that, at the request of the family of a deceased worker, 
  2.4   the worker's name may be inscribed on the memorial. 
  2.5      At the request of the family of a worker involved in a 
  2.6   fatal accident killed while working on a public construction 
  2.7   project, the commissioner shall erect a plaque in honor of the 
  2.8   deceased worker.  The plaque shall be located on the completed 
  2.9   project and be reasonably visible to the public. 
  2.10     Sec. 3.  Minnesota Statutes 1998, section 182.666, is 
  2.11  amended to read: 
  2.12     182.666 [PENALTIES.] 
  2.13     Subdivision 1.  Any employer who willfully or repeatedly 
  2.14  violates the requirements of section 182.653, or any standard, 
  2.15  rule, or order adopted under the authority of the commissioner 
  2.16  as provided in this chapter, may be assessed a fine not to 
  2.17  exceed $70,000 $80,000 for each violation.  The minimum fine for 
  2.18  a willful violation is $5,000 $6,000. 
  2.19     Subd. 2.  Any employer who has received a citation for a 
  2.20  serious violation of its duties under section 182.653, or any 
  2.21  standard, rule, or order adopted under the authority of the 
  2.22  commissioner as provided in this chapter, shall be assessed a 
  2.23  fine not to exceed $7,000 $8,500 for each violation.  If the 
  2.24  violation causes or contributes to the cause of the death of an 
  2.25  employee, the employer shall be assessed a fine of up 
  2.26  to $25,000 $35,000. 
  2.27     Subd. 3.  Any employer who has received a citation for a 
  2.28  violation of its duties under section 182.653, subdivisions 2 to 
  2.29  4, where the violation is specifically determined not to be of a 
  2.30  serious nature as provided in section 182.651, subdivision 12, 
  2.31  may be assessed a fine of up to $7,000 $8,500 for each violation.
  2.32     Subd. 4.  Any employer who fails to correct a violation for 
  2.33  which a citation has been issued under section 182.66 within the 
  2.34  period permitted for its correction, which period shall not 
  2.35  begin to run until the date of the final order of the 
  2.36  commissioner in the case of any review proceedings under this 
  3.1   chapter initiated by the employer in good faith and not solely 
  3.2   for delay or avoidance of penalties, may be assessed a fine of 
  3.3   not more than $7,000 $8,500 for each day during which the 
  3.4   failure or violation continues.  
  3.5      Subd. 5.  Any employer who violates any of the posting 
  3.6   requirements, as prescribed under this chapter, except those 
  3.7   prescribed under section 182.661, subdivision 3a, shall be 
  3.8   assessed a fine of up to $7,000 $8,500 for each violation.  
  3.9      Subd. 5a.  Any employer who knowingly violates section 
  3.10  182.6575 shall be assessed a fine of up to $7,000 $8,500 for 
  3.11  each violation.  The employer shall also be liable to each 
  3.12  aggrieved employee for civil punitive damages of $400 $500.  
  3.13     Subd. 6.  Only the commissioner shall have authority to 
  3.14  assess all proposed fines provided in this section, giving due 
  3.15  consideration to the appropriateness of the fine with respect to 
  3.16  the size of the business of the employer, the gravity of the 
  3.17  violation, the good faith of the employer, and the history of 
  3.18  previous violations.  The commissioner shall not reduce any fine 
  3.19  provided by statute by more than one-half based on the factors 
  3.20  to be considered pursuant to this subdivision.  
  3.21     Subd. 7.  Fines imposed under this chapter shall be paid to 
  3.22  the commissioner for deposit in the special compensation fund 
  3.23  and may be recovered in a civil action in the name of the 
  3.24  department brought in the district court of the county where the 
  3.25  violation is alleged to have occurred or the district court 
  3.26  where the commissioner has an office.  Unpaid fines shall be 
  3.27  increased to 125 percent of the original assessed amount if not 
  3.28  paid within 60 days after the fine becomes a final order.  After 
  3.29  that 60 days, unpaid fines shall accrue an additional penalty of 
  3.30  ten percent per month compounded monthly until the fine is paid 
  3.31  in full or until the fine has accrued to 300 percent of the 
  3.32  original assessed amount.