HF 3528

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/12/2024 11:59am

A bill for an act
relating to public safety; establishing the Retail Worker and Consumer Safety
Violence Prevention Act; requiring a report; imposing penalties; proposing coding
for new law in Minnesota Statutes, chapter 181.

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

Section 1. new text begin TITLE.
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new text begin This act shall be known as the "Retail Worker and Consumer Safety Violence Prevention
Act."
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Sec. 2.

new text begin [181.915] VIOLENCE AGAINST RETAIL STORE WORKERS.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
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new text begin (b) "Act of violence" means an act by an individual against a retail store worker that
includes physical force or threat that results in bodily injury to include sexual harassment.
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new text begin (c) "Action plan" means the preparedness and incident response action plan to acts of
violence required under this section.
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new text begin (d) "Commissioner" means the commissioner of labor and industry.
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new text begin (e) "Incident response" means the actions taken by retail store management and retail
store workers during and following an act of violence.
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new text begin (f) "Interfere" means to prevent, impede, discourage, or delay a retail store worker's
ability to report acts of violence, including by retaliating or threatening to retaliate against
a retail store worker.
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new text begin (g) "Preparedness" means the actions taken by retail store management and retail store
workers to prevent a single act of violence or acts of violence generally.
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new text begin (h) "Retail store" means a retail store in this state that sells goods and products directly
to the consumer for a profit, including but not limited to retail stores, pharmacies, liquor
stores, convenience stores, and grocery stores as well as seasonal and temporary businesses.
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new text begin (i) "Retail store worker" means an employee employed directly by a hiring entity at a
retail store. Retail workers do not include managers, supervisors, or confidential employees.
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new text begin (j) "Retaliate" means to discharge, discipline, threaten, otherwise discriminate against,
or penalize a retail store worker regarding the retail store worker's compensation, terms,
conditions, location, or privileges of employment.
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new text begin (k) "Workplace violence hazards" means locations and situations where violent incidents
are more likely to occur, including, as applicable, but not limited to locations isolated from
other retail store workers; retail store workers working alone; retail store workers working
in remote locations; retail store workers working late night or early morning hours; locations
where an assailant could prevent entry of responders or other retail store workers into a
work area; locations with poor illumination; locations with poor visibility; lack of effective
escape routes; obstacles and impediments to accessing alarm systems; locations within the
facility where alarm systems are not operational; entryways where unauthorized entrance
may occur, such as doors designated for staff entrance or emergency exits; presence, in the
areas where customer contact activities are performed, of furnishings or objects that could
be used as weapons; and locations where high-value items, currency, or pharmaceuticals
are stored.
new text end

new text begin Subd. 2. new text end

new text begin Action plan. new text end

new text begin By January 1, 2025, a retail store must design and implement a
preparedness and incidence response action plan to acts of violence. The retail store must
review and update the plan at least annually thereafter. The action plan must be in writing;
specific to the workplace violence hazards and corrective measures for the units, services,
or operations of the retail store; and available to retail store workers at all times.
new text end

new text begin Subd. 3. new text end

new text begin Committee. new text end

new text begin A retail store shall designate a committee of representatives of
retail store workers employed by the retail store, including nonmanagerial retail store
workers, consumer safety experts, and other appropriate personnel to develop the action
plan. The retail store shall, in consultation with the designated committee, implement the
developed action plan.
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new text begin Subd. 4. new text end

new text begin Requirements. new text end

new text begin (a) The action plans must include:
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new text begin (1) effective procedures to obtain the active involvement of retail store workers and their
representatives in developing, implementing, and reviewing the plan, including their
participation in identifying, evaluating, and correcting workplace violence hazards; designing
and implementing training; and reporting and investigating incidents of workplace violence;
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new text begin (2) names or job titles of the persons responsible for implementing the plan; and
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new text begin (3) effective procedures to ensure that supervisory and nonsupervisory retail store workers
comply with the plan.
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new text begin (b) The action plan must include assessment procedures to identify and evaluate
workplace violence hazards for each facility, unit, service, or operation, including
community-based risk factors and areas surrounding the facility, such as employee parking
areas and other outdoor areas. Procedures shall specify the frequency that environmental
assessments take place.
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new text begin (c) The action plan must include assessment tools, environmental checklists, or other
effective means to identify workplace violence hazards.
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new text begin (d) The action plan must include procedures for reviewing all workplace violence
incidents that occurred in the facility, unit, service, or operation of a retail store within the
previous year, whether or not an injury occurred.
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new text begin Subd. 5. new text end

new text begin Reporting workplace violence. new text end

new text begin The action plan must include procedures for
reporting workplace violence including:
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new text begin (1) procedures for retail store workers to document information regarding conditions
that may increase the potential for workplace violence incidents and communicate that
information without fear of reprisal to other retail store workers, shifts, or units;
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new text begin (2) procedures for retail store workers to report a violent incident, threat, or other
workplace violence concern without fear of reprisal;
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new text begin (3) effective procedures for the retail store to accept and respond to reports of workplace
violence and to prohibit retaliation against a retail store worker who makes such a report;
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new text begin (4) a policy statement stating the retail store will not prevent a retail store worker from
reporting workplace violence or take punitive or retaliatory action against a retail store
worker for doing so;
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new text begin (5) procedures for investigating retail store worker concerns regarding workplace violence
or workplace violence hazards;
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new text begin (6) procedures for informing retail store workers of the results of the investigation arising
from a report of workplace violence or from a concern about a workplace violence hazard
and of any corrective actions taken;
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new text begin (7) procedures for obtaining assistance from the appropriate law enforcement agency
or social service agency during all work shifts. The procedure may establish a central
coordination procedure; and
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new text begin (8) a policy statement stating the retail store must not prevent a retail store worker from
seeking assistance and intervention from local emergency services or law enforcement when
a violent incident occurs or take punitive or retaliatory action against a retail store worker
for doing so.
new text end

new text begin Subd. 6. new text end

new text begin Coordination with other employers. new text end

new text begin The action plan must include methods
the retail store will use to coordinate implementation of the plan with other employers whose
employees work in the same retail store facility, unit, service, or operation and to ensure
that those employers and their employees understand their respective roles as provided in
the plan. These methods must ensure that all employees working in the facility, unit, service,
or operation are provided with the training required and that workplace violence incidents
involving any employee are reported, investigated, and recorded.
new text end

new text begin Subd. 7. new text end

new text begin Required training and notice to employees. new text end

new text begin (a) The action plan must include:
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new text begin (1) procedures for developing and providing the training required that permits retail
store workers and their representatives to participate in developing the training;
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new text begin (2) a requirement for cultural competency training and equity, diversity, and inclusion
training; and
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new text begin (3) procedures to communicate with retail store workers regarding workplace violence
matters, including:
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new text begin (i) how retail store workers will document and communicate to other retail store workers,
between shifts, and units' information regarding conditions that may increase the potential
for workplace violence incidents;
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new text begin (ii) how retail store workers can report a violent incident, threat, or other workplace
violence concern;
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new text begin (iii) how retail store workers can communicate workplace violence concerns without
fear of reprisal; and
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new text begin (iv) how retail store worker concerns will be investigated and how retail store workers
will be informed of the results of the investigation and any corrective actions to be taken.
new text end

new text begin (b) A retail store shall provide training to all retail store workers employed or contracted
with the retail store on safety during acts of violence. Each retail store worker must receive
safety training annually upon hire during the retail store worker's orientation and before the
retail store worker completes a shift independently and annually thereafter. Training must,
at a minimum, include:
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new text begin (1) safety guidelines for response to and de-escalation of an act of violence;
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new text begin (2) ways to identify potentially violent or abusive situations, including aggression and
violence predicting factors;
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new text begin (3) the retail store's action plan, including how the retail store worker may report concerns
about workplace violence within each retail store's reporting structure without fear of reprisal,
how the retail store will address workplace violence incidents, and how the retail store
worker can participate in reviewing and revising the action plan; and
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new text begin (4) any resources available to retail store workers for coping with incidents of violence,
including but not limited to critical incident stress debriefing or employee assistance
programs.
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new text begin Subd. 8. new text end

new text begin Annual review. new text end

new text begin (a) As part of the retail store's annual review of its action plan,
a retail store must review with the designated committee:
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new text begin (1) the effectiveness of the retail store's action plan, including the sufficiency of security
systems, alarms, emergency responses, and security personnel availability;
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new text begin (2) security risks associated with specific units, areas of the facility with uncontrolled
access, late night shifts, early morning shifts, and areas surrounding the facility such as
employee parking areas and other outdoor areas;
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new text begin (3) the number of acts of violence that occurred in the retail store during the previous
year, including injuries sustained, if any, and the unit in which the incident occurred;
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new text begin (4) evaluations of staffing, including staffing patterns that contribute to, or are insufficient
to address, the risk of violence; and
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new text begin (5) any reports of discrimination or abuse that arise from security resources, including
from the behavior of security personnel.
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new text begin (b) As part of the annual update of the action plan, the retail store must incorporate
corrective actions to address workplace violence hazards identified during the review period,
reports of workplace violence, reports of workplace violence hazards, and reports of
discrimination or abuse that arise from the security resources.
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new text begin (c) Following the annual review of the action plan, a retail store must update the action
plans to reflect the corrective actions the retail store will implement to mitigate the hazards
and vulnerabilities identified during the annual review.
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new text begin Subd. 9. new text end

new text begin Request for additional staffing. new text end

new text begin A retail store shall create and implement a
procedure for a retail store worker to officially request that retail store management provide
additional staffing. The retail store must document all requests for additional staffing made
because of a retail store worker's concern over a risk of an act of violence. If the request for
additional staffing to reduce the risk of violence is denied, the retail store must provide the
retail store worker who made the request a written reason for the denial and must maintain
documentation of that communication with the documentation of requests for additional
staffing. A retail store must make documentation regarding staffing requests available to
the commissioner for inspection at the commissioner's request. The commissioner may use
documentation regarding staffing requests to inform the commissioner's determination on
whether the retail store is providing adequate staffing and security to address acts of violence
and may use documentation regarding staffing requests if the commissioner imposes a
penalty.
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new text begin Subd. 10. new text end

new text begin Availability of plan review and comments; report. new text end

new text begin (a) A retail store must
make its most recent action plans and the information listed in the most recent action plan
reviews under subdivision 8 available to local law enforcement, all retail store workers,
and, if any of its workers are represented by a collective bargaining unit, to the exclusive
bargaining representatives of those collective bargaining units.
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new text begin (b) Beginning January 1, 2026, a retail store must annually submit to the commissioner
its most recent action plan and the results of the most recent annual review conducted.
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new text begin Subd. 11. new text end

new text begin Report to legislature. new text end

new text begin Beginning January 15, 2026, the commissioner must
compile the information received under subdivision 10 into a single annual report and submit
the report to the chairs and ranking minority members of the legislative committees with
jurisdiction over public safety by January 15 of each year.
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new text begin Subd. 12. new text end

new text begin Interference prohibited. new text end

new text begin A retail store, including any individual, partner,
association, or any person or group of persons acting directly or indirectly in the interest of
the retail store, must not interfere with or discourage a retail store worker if the retail store
worker wishes to contact law enforcement or the commissioner regarding an act of violence.
new text end

new text begin Subd. 13. new text end

new text begin Penalties. new text end

new text begin The commissioner may impose a fine of up to $10,000 for failure
to comply with the requirements of this section. The commissioner must allow the retail
store at least 30 calendar days to correct a violation of this section before assessing a fine.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end